Senate Bill S4341

2013-2014 Legislative Session

Establishes standards for crime victim awards for loss of earnings or support

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S4341 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L

2013-S4341 (ACTIVE) - Summary

Establishes standards for crime victim awards for loss of earnings or support.

2013-S4341 (ACTIVE) - Sponsor Memo

2013-S4341 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4341

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  GALLIVAN  --  (at  request of the Office of Victim
  Services) -- 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 awards made by the
  office of victim services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  631 of the executive law, as
amended by section 22 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  3.  (A)  Any  award made for loss of earnings or support shall, unless
reduced pursuant to other provisions of this article, be  in  an  amount
equal  to  the  actual  loss  sustained, provided, however, that no such
award shall exceed six hundred dollars for each week of lost earnings or
support.  IF THERE ARE TWO OR MORE PERSONS ENTITLED TO  AN  AWARD  AS  A
RESULT  OF  THE DEATH OF A PERSON WHICH IS THE DIRECT RESULT OF A CRIME,
THE AWARD SHALL BE APPORTIONED BY THE OFFICE AMONG THE CLAIMANTS.
  (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ANY AWARD
FOR LOSS OF EARNINGS OR SUPPORT SHALL BE LIMITED TO THE VICTIM'S  INCOME
WHICH HAS BEEN REPORTED TO AN APPROPRIATE TAXING AUTHORITY.
  (C)  IF  DURING AN INVESTIGATION OF A CLAIM THE OFFICE DETERMINES THAT
SUCH INCOME IS NOT SUBJECT TO TAXATION, THE OFFICE SHALL REQUEST  ALTER-
NATIVE INFORMATION TO VERIFY SUCH INCOME.
  (D)  Awards  with respect to livery operator victims pursuant to para-
graphs (f) and (g) of subdivision one of section six hundred twenty-sev-
en of this article shall be granted in the  amount  and  in  the  manner
provided  therein.  The  aggregate award for all such losses pursuant to
this subdivision, including any awards made pursuant to  paragraphs  (f)
and  (g)  of subdivision one of section six hundred twenty-seven of this
article, shall not exceed thirty thousand dollars. [If there are two  or
more  persons  entitled to an award as a result of the death of a person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09018-01-3
              

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