Establishes standards for crime victim awards for loss of earnings or support.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): O'Mara, Parker
TITLE OF BILL: An act to amend the executive law, in relation to awards made by the office of victim services
Purpose of Bill: This bill would amend the Executive Law to authorize the Office of Victim Services (OVS) to make awards for loss or earnings and loss of support based only on income of the victim that was reported to an appropriate taxing authority.
Summary of Provisions:
Section one of the bill would amend Executive Law § 631(3) to limit any awards for loss or earnings or support to reported income. It would provide that if it is later determined that such income is not subject to taxation, OVS must request alternate information to verify that income.
Section two of the bill contains the effective date.
Existing Law: Executive Law § 631(3) authorizes OVS to make awards for a victim's loss of earnings, or for the loss of support provided by a homicide victim. Under existing law, OVS has no statutorily defined limitations when determining loss of earnings or loss of support.
Prior Legislative History: This is a new bill.
Statement in Support: The statutory provisions relating to awards for loss of earnings and loss of support do not provide guidance for calculating a victim's earnings or for making awards for loss of support to multiple claimants. With respect to earnings, OVS proposes to limit such awards to the victim's reportable income. OVS should not compensate victims for illegally earned income.
With respect to loss of support, this bill also would provide that if multiple victims are entitled to an award for loss of support as a result of a death of a person, OVS will apportion the award among the claimants. This will clarify the appropriate distribution of such awards.
Budget Implications: None.
Effective Date: This bill would take effect 30 days after it becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 4341 2013-2014 Regular Sessions IN SENATE 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 personS 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all original awards made on and after such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09018-01-3 S. 4341 2
which is the direct result of a crime, the award shall be apportioned by the office among the claimants.]