Relates to the eligibility for crime victim awards of certain family members of homicide victims.
Ayes (14): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Montgomery, Kennedy, Peralta, Espaillat
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL:
An act to amend the executive law, in relation to the eligibility of certain family members of homicide victims
PURPOSE OF BILL:
This bill would correct an inconsistency in Article 22 of the Executive Law with respect to which relatives of homicide victims are eligible to receive awards from the Office of Victim Services ("OVS") for counseling expenses.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend Executive Law § 624(1)(b) to include guardians, siblings and step-siblings of a victim who died as a direct result of a crime among those eligible to receive an award from the OVS.
Section 2 of this bill contains the effective date.
Executive Law § 626(1) provides that the cost of counseling for an eligible spouse, grandparent, parent, stepparent, guardian, brother, sister, stepbrother, stepsister, child or stepchild of a homicide victim is considered an "out-of-pocket" loss for which such relative may receive an award from OVS. However, Executive Law § 624(1) (b), which generally lists persons who are "eligible" for "awards" from OVS does not include guardians, siblings and step-siblings.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
STATEMENT IN SUPPORT:
Article 22 is internally inconsistent with respect to which relatives of a homicide victim are generally "eligible" for awards from OVS, and which relatives may receive an award for counseling expenses. Chapter 324 of the Laws of 1989 provided that guardians, brothers and sisters (later expanded to include step-siblings) were eligible to receive reimbursement for counseling expenses, but neglected to amend the statutory list of those persons generally eligible to receive an award.
Despite the inconsistency, OVS (and its predecessor, the Crime Victims Board) have interpreted Article 22 of the Executive Law consistent with the general intent of that Article to compensate crime victims, thereby making awards for counseling expenses to all family members of homicide victims listed in Executive Law § 626(1). This bill would correct the inconsistency in these provisions to make it clear that guardians, brothers, sisters and step-siblings are eligible to receive such awards.
This measure would not have any budgetary impact.
The bill would become effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 6848 IN SENATE March 28, 2012 ___________Introduced by Sen. NOZZOLIO -- (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 the eligibility of certain family members of homicide victims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 624 of the execu- tive law, as amended by chapter 427 of the laws of 1999, is amended to read as follows: (b) a surviving spouse, grandparent, parent, stepparent, GUARDIAN, BROTHER, SISTER, STEPBROTHER, STEPSISTER, child or stepchild of a victim of a crime who died as a direct result of such crime; S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14483-01-2