Relates to eligibility and awards to certain family members for crime scene clean-up.
Ayes (12): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Hoylman, Peralta, Rivera
Nays (1): Montgomery
Ayes (36): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
Ayes W/R (1): Perkins
TITLE OF BILL: An act to amend the executive law, in relation to eligibility of and awards to certain family members for crime scene clean-up
Purpose Of Bill: This bill would amend the Executive Law to authorize the Office of Victim Services (OVS) to make awards for crime scene clean-up to certain family members who resided with a homicide victim.
Summary of Provisions:
Section one of the bill would add a new paragraph (k) to Executive Law § 624(1) to make a surviving spouse, child or stepchild of a homicide victim eligible for an award for crime scene clean-up, when he or she shared a residence with the victim.
Section two of the bill would add a new subdivision eighteen to Executive Law § 631 to authorize an award for crime scene clean-up to those family members of a homicide victim made eligible in section one of the bill.
Section three of the bill contains the effective date.
Existing Law: Currently, Executive Law § 631(2) limits an OVS award to an amount not exceeding "out-of-pocket" expenses. Executive Law 626(1), which defines "out-of-pocket" expenses, limits an award for family members of a homicide victim to reimbursement for the costs of counseling. It does not authorize OVS to make an award to a surviving household member of the homicide victim.
Prior Legislative History: This is a new bill.
Statement in Support: OVS may only make an award for crime scene clean-up to a surviving victim of a crime. This person is eligible for such an award, in part, to begin the emotional healing process related to what may be the most traumatic event in his or her life.
In the instance of a homicide, however, there is no similar provision which would allow OVS to make such an award to the victim's family who lived in the same residence. While current law permits OVS to provide counseling to these family members, it does not permit OVS to make an award to the same persons for crime scene clean-up. An OVS award for counseling to these family members is crucial in their emotional healing. OVS' assistance with cleaning-up any reminders of such crime is also an important component in such healing.
Budget Implications: This measure will have minimal fiscal impact for the OVS. Any potential increase in compensation costs would be offset by an increase in the federal reimbursement for victim compensation.
Effective Date: This bill would take effect 30 days after it becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 4345 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 eligibility of and awards to certain family members for crime scene clean-up THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 624 of the executive law is amended by adding a new paragraph (k) to read as follows: (K) A SURVIVING SPOUSE, CHILD OR STEPCHILD OF A VICTIM OF A CRIME WHO DIED AS A DIRECT RESULT OF SUCH CRIME AND WHERE SUCH CRIME OCCURRED IN THE RESIDENCE SHARED BY SUCH FAMILY MEMBER OR MEMBERS AND THE VICTIM. S 2. Section 631 of the executive law is amended by adding a new subdivision 18 to read as follows: 18. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE AND SUBJECT TO ANY APPLICABLE MAXIMUM AWARD LIMITATIONS CONTAINED IN THIS SECTION, WHERE A VICTIM HAS DIED AS A DIRECT RESULT OF THE CRIME UPON WHICH THE CLAIM IS BASED AND THE CRIME OCCURRED IN THE RESIDENCE OF A PERSON ELIGIBLE PURSUANT TO PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE, THE OFFICE MAY MAKE NO MORE THAN ONE AWARD FOR CRIME SCENE CLEAN-UP RELATED TO SUCH RESIDENCE. S 3. This act shall take effect on the thirtieth day after it shall have become 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. LBD09006-01-3