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Who cares
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Sponsors
1 Co-sponsor
History
- Signed chap.272
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.71
- Substituted for A8060
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.261
Show 2 earlier actions
- Reported and committed to finance
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to awards of unreimbursed costs to child victims
Assembly Floor Calendar · Sponsor Margaret Markey
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to child victims
Purpose
This bill would clarify that the Crime Victims Board (CVB) may make certain awards to child victims even in the absence of physical injury.
Summary of provisions
Section 1 of the bill amends Executive Law §631 by adding a new subdivision to specify certain kinds of awards that could be made to child victims in the absence of physical injury. In particular, awards could be made for certain personal property damage, expenses of transportation to court, and counseling expenses.
Section 2 of the bill provides that it shall take effect immediately.
Existing law
Current law is conflicting. The definition of "child victim" in Executive Law §621(11) includes those who have not suffered physical injury, and Executive Law §624(1)(g) includes a child victim as a person eligible for a CVB award. However, the awards provisions in Executive Law §631 (1) state that no award shall be made unless the crime directly results in personal physical injury.
Legislative history
This is a new bill.
Statement in support
The CVB's awards provisions under Executive Law §631(1) specifically require that a physical injury be sustained by a victim in order for an award to be made. There are a few explicit exceptions to that requirement. SEE Executive Law § 631(8) (elderly and disabled victims), (11) (kidnapping victims), (12) (stalking victims). When provisions for child victims were added, however, they did not include an explicit exception to the physical injury requirement. L.1986, ch. 263; L.1988, ch. 56. The above provisions are therefore in tension with others that seem to contemplate awards to child victims even when there has been no physical injury. SEE Executive Law §§ 621 (11), 624(1)(g).
Since 1988, the Board has interpreted this conflict in favor of the child victim, determining that physical injury is not necessary for an award to be made. This bill would resolve the conflict in Article 22, codify the CVB's practice of the past 20 years and ensure consistent, future application by clarifying the availability of awards to deserving child victims.
Budget implications
This bill is expected to have no fiscal impact, as it codifies the current practice that CVB adopted in light of the existing, conflicting statutes.
Effective date
This bill would become immediately effective upon enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.