This bill has been amended

Bill S3360-2013

Defines necessary court appearance for purposes of determination of crime victim's award

Defines the term "necessary court appearance" for purposes of the determination of a crime victim's award to include any part of a proceeding from arraignment through sentencing, pre and post trial hearings and hearings before the parole board.

Details

Actions

  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 1, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 4, 2013
Ayes (9): Carlucci, DeFrancisco, Griffo, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Peralta, Rivera
Ayes W/R (4): Gallivan, Little, Maziarz, Nozzolio

Memo

BILL NUMBER:S3360

TITLE OF BILL: An act to amend the executive law, in relation to the definition of necessary court appearances for purposes of determining crime victim's award

PURPOSE OF THE BILL: The bill defines the term "necessary court appearance" for the purpose of determining crime victim compensation.

SUMMARY OF SPECIFIC PROVISIONS: Under the bill, the term "necessary court appearance" in subdivisions 8, 10 and 12 of section 631 of the executive law is defined to include any part of trial from arraignment through sentencing, pre and post trial hearings, grand jury hearings and parole hearings for the purpose of fulfilling the rights accorded to victims pursuant to section 440.50 of the criminal procedure law.

JUSTIFICATION: The success of the judicial system is directly impacted by the treatment of and input from crime victims. Our judicial system can function more effectively when victims report crimes, confer with prosecutors, testify at hearings and trial, and participate in other phases. Notwithstanding that fact, some victims have been alienated from the system and their quest for justice because they can ill-afford to cover all the transportation costs associated with attending and participating in all phases of prosecution.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS: Currently, there is no limit on the amount of compensation a victim may receive with respect to covering transportation costs. However, there is no definition in statute as to what is considered a necessary court appearance.

PRIOR LEGISLATIVE HISTORY: 1996 - A.9614 (S.7157) was referred to codes from governmental operations and from codes to rules. Rules reported the bill and ordered it to third reading. 1998 - A.325(S.1647)was referred to crime victims, crime and correction. 1999/2000 - A.3109 (S.3702) referred to governmental operations, reported, referred to codes, reported from codes, advanced to third reading, passed Assembly, delivered to Senate Crime victims, Crime and Correction, died in Senate; Committed to Rules, ordered to third reading, passed Assembly 2001/02 A.4321 (S.504) -referred to governmental affairs, passed Assembly, died in Senate; committed to rules, passed Assembly, delivered to Senate, referred to crime victims, crime and corrections. 2004 - A.4011 referred to crime victims, crime and correction 2005/06 - A.5512 - Ref to Governmental operations, ref to codes, passed Assembly, delivered to Senate, died in Senate, returned to Assembly, ref to rules, passed Assembly, delivered to Senate, ref to Crime Victims, Crime and Corrections 2007/08 - A.6675 - ref to Governmental operations 2009-10 S.4405-A/S.6532-B (Ortiz) - Vetoed Memo 18.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3360 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to the definition of necessary court appearances for purposes of determining crime victim's award THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 8, 10 and 12 of section 631 of the executive law, subdivision 8 as amended by chapter 391 of the laws of 2003, subdi- vision 10 as added by chapter 197 of the laws of 1983, and subdivision 12 as amended by chapter 534 of the laws of 2011, are amended to read as follows: 8. Notwithstanding the provisions of subdivisions one, two and three of this section, an elderly or disabled victim who has not been phys- ically injured as a direct result of a crime, shall only be eligible for an award that includes the unreimbursed cost of repair or replacement of essential personal property that has been lost, damaged or destroyed as a direct result of a crime, transportation expenses incurred for neces- sary court appearances in connection with the prosecution of such crimes and the unreimbursed cost of counselling provided to the elderly or disabled victim on account of mental or emotional stress or financial counselling provided to the elderly or disabled victim on account of financial difficulty resulting from the incident in which the crime occurred if such counselling or financial counselling is commenced with- in one year from the date of the incident. FOR PURPOSES OF THIS SUBDI- VISION, "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST TRIAL HEARINGS, GRAND JURY HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING THE RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW.
10. Notwithstanding any contrary provision of law, an award shall include reasonable transportation expenses incurred for necessary court appearances in connection with the prosecution of such crimes upon which the claim is based. FOR PURPOSES OF THIS SUBDIVISION, "NECESSARY COURT APPEARANCES" SHALL INCLUDE BUT NOT BE LIMITED TO ANY PART OF A PROCEED- ING FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST TRIAL HEARINGS, GRAND JURY AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING THE RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW. 12. Notwithstanding the provisions of subdivisions one, two and three of this section, an individual who was a victim of either the crime of menacing in the second degree as defined in subdivision two or three of section 120.14 of the penal law, menacing in the first degree as defined in section 120.13 of the penal law, criminal obstruction of breathing or blood circulation as defined in section 121.11 of the penal law, harass- ment in the second degree as defined in subdivision two or three of section 240.26 of the penal law, harassment in the first degree as defined in section 240.25 of the penal law, aggravated harassment in the second degree as defined in subdivision four of section 240.30 of the penal law, aggravated harassment in the first degree as defined in subdivision two of section 240.31 of the penal law, criminal contempt in the first degree as defined in paragraph (ii) or (iv) of subdivision (b) or subdivision (c) of section 215.51 of the penal law, or stalking in the fourth, third, second or first degree as defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, respectively, who has not been physically injured as a direct result of such crime shall only be eligible for an award that includes loss of earning or support, the unreimbursed cost of repair or replacement of essential personal proper- ty that has been lost, damaged or destroyed as a direct result of such crime, the unreimbursed cost for security devices to enhance the personal protection of such victim, transportation expenses incurred for necessary court [expenses] APPEARANCES in connection with the prose- cution of such crime, the unreimbursed costs of counseling provided to such victim on account of mental or emotional stress resulting from the incident in which the crime occurred, reasonable relocation expenses, and for occupational or job training. FOR PURPOSES OF THIS SUBDIVISION, "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST TRIAL HEARINGS, GRAND JURY HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW. S 2. This act shall take effect immediately.

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