Increases time for filing crime victim's claim

1 Co-sponsor

• Rory Lancman

BILL NUMBER:A11077

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This act shall take effect on the sixtieth day after it shall have become a law and shall expire and be deemed repealed one year after such effective date; provided that services may continue and benefits be paid in the event the claimant elects to participate beyond such date.