Bill S7593-2009

Increases time for filing crime victim's claim

Increases time for filing crime victim's claim.

Details

Actions

  • May 24, 2010: REPORTED AND COMMITTED TO FINANCE
  • Apr 23, 2010: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 24, 2010
Ayes (5): Hassell-Thompson, Sampson, Duane, Breslin, Peralta
Ayes W/R (2): Kruger, Aubertine
Nays (7): Montgomery, Golden, Nozzolio, Volker, Maziarz, Little, Winner

Memo

 BILL NUMBER:  S7593               REVISED 05/13/10

TITLE OF BILL : An act to amend the executive law, in relation to increasing the time period for filing a claim with the crime victims board; and providing for the repeal of such provisions upon expiration thereof

PURPOSE : To reopen a one-year filing period before the New York State Crime Victims Board for victims of crime and drunk or drug-impaired drivers.

SUMMARY OF PROVISIONS : An amendment is made to subdivision 2 of section 625 of the Executive law.

JUSTIFICATION : Restitution in the following forms of medical expenses (doctors, physical therapists, ambulance transportation, emergency services, etc.), counseling expenses, loss of earnings, property expenses (replace, repair and/or clean damaged or stolen property), funeral expenses, insurance deductibles, incidental expenses (changing locks, towing fees, and the cost of changing your phone number), and any expense incurred as a result of a criminal offense are made available to victims recognized by the New York State Crime Victims Board (NYS CVB). Victims have up to one year after such incident to file a claim. The NYS CVB, which is a great resource for victims, is also a great disservice for those who were initially not afforded the opportunity to utilize assistance from them. This can be attributed to the enactment date of the agency or a general lack of awareness of such preexisting agency at the time of the incident. As a result, an unidentified number of individuals have not utilized the NYS CVB services.

A proposed change within the Executive law shall allow for the reopening of cases dated up to and including twenty years ago contingent upon those victims who previously never filed a claim with the NYS CVB and who have in possession all applicable records and documentation that demonstrate such prior incident. As these victims continue to suffer emotionally, financially, and physically due to sustained injuries, lack of money to cover medical expenses and an inability to permanently work again, it is our belief that these victims should have an opportunity to claim for due restitution.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : To be determined. Fiscal implications shall be based on the amount of applicants that successfully file a past incident claim.

EFFECTIVE DATE : This act shall take effect on the sixtieth day after it shall have become a law and shall expire and be deemed repealed one year after such effective date; provided that services may continue and benefits be paid in the event the claimant elects to participate beyond such date.

Text

STATE OF NEW YORK ________________________________________________________________________ 7593 IN SENATE April 23, 2010 ___________
Introduced by Sen. ADDABBO -- 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 increasing the time period for filing a claim with the crime victims board; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 625 of the executive law, as amended by chapter 359 of the laws of 2001, is amended to read as follows: 2. A claim must be filed by the claimant not later than [one year] TWENTY YEARS after the occurrence or discovery of the crime upon which such claim is based, [one year] TWENTY YEARS after a court finds a lawsuit to be frivolous, or not later than [one year] TWENTY YEARS after the death of the victim, provided, however, that upon good cause shown, the board may extend the time for filing. The board shall extend the time for filing where the claimant received no notice pursuant to section six hundred twenty-five-a of this article and had no knowledge of eligibility pursuant to section six hundred twenty-four of this arti- cle. S 2. This act shall take effect on the sixtieth day after it shall have become a law and shall expire and be deemed repealed one year after such effective date; provided that services may continue and benefits be paid in the event the claimant elects to participate beyond such date.

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