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Sponsors
Senator · Senate District 54
No co-sponsors yet.
History
- Substituted by A8091
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1102
- 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 for victims of criminal obstruction of breathing or blood circulation
Signed by Governor · Sponsor Margaret Markey
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4084
Purpose of bill
This bill would add the recently created crime of Criminal Obstruction of Breathing or Blood Circulation (Penal Law § 121.11) to Executive Law § 631(12), to allow the Office of Victim Services (0VS) to make awards to victims of this crime, even if the victim did not sustain a physical injury.
Summary of provisions
Section 1 of the bill would amend Executive Law § 631(12) to include the class A misdemeanor offense of Criminal Obstruction of Breathing or Blood Circulation, as defined in Penal Law § 121.11, to the list of offenses for which the OVS may make awards to victims when the victim does not suffer physical injury.
Read the full memo (784 words)
Section 2 of the bill would make this provision effective 90 days after enactment.
Existing law
Chapter 405 of the Laws of 2010 added a new Article 121 to the Penal Law related to strangulation and related offenses. New Penal Law § 121.11 creates the class A misdemeanor crime of Criminal Obstruction of Breathing or Blood Circulation, which is committed when a person, with intent to impede the normal breathing or circulation of the blood of another person: (a) applies pressure on the throat or neck of such person; or (b) blocks the nose or mouth of such person.
Executive Law § 631(12) ensures victims of certain harassment and menacing charges (more commonly referred to as "stalking") who have not suffered a physical injury, are eligible to receive certain awards from the OVS.
Legislative history
This is a new bill.
Statement in support
Chapter 405 of the Laws of 2010 added a new Article 121 to the Penal Law related to strangulation and related offenses. Included in Article 121 is the class A misdemeanor crime of Criminal Obstruction of Breathing or Blood Circulation, as defined in Penal Law § 121.11. The other two offenses included in Article 121 are Strangulation in the Second Degree, as defined in Penal Law § 121.12, and Strangulation in the First Degree, as defined in Penal Law § 121.13, both of which are felony offenses and both of which specifically include as elements
the causing of physical injury and serious physical injury, respectively. The misdemeanor charge does not include any requirement of physical injury. The justification for the creation of these new criminal charges was that strangulation "has been identified in recent years as one of the most lethal forms of domestic abuse. When perpetrators use strangulation to silence their victims, this is a form of power and control" and victims of such acts suffer devastating psychological trauma.
Under Article 22 of the Executive Law, in order to receive an award from the OVS, one must suffer a physical injury or be a victim of either a certain group (such as: elderly, minors or the disabled) or certain crimes (such as: specific charges of unlawful imprisonment, kidnapping, harassment and menacing). One exception to this general rule is contained in Executive Law § 631 (12), which was added by Chapter 443 of the Laws of 1998, to ensure that victims of certain harassment and menacing charges, more commonly referred to as "stalking," were eligible to receive certain awards under Article 22 of the Executive Law. The justification for making stalking victims eligible for such awards was similar to the reasons for creating the new strangulation crimes: "The primary goals of stalking are power and control. Persistent threats of physical injury are means by which the stalker exerts control over one's victim (sic)."
The addition of the new crime of Criminal Obstruction of Breathing or Blood Circulation to the other crimes enumerated in Executive Law 631 (12) is a logical and natural expansion of the current provision. This measure would ensure that victims of this new crime, many of whom may be victims of domestic abuse generally, may receive awards from the OVS. These awards could be made for: loss or earnings or support, the unreimbursed cost of repair or replacement of essential personal property, the unreimbursed cost for security devices, and expenses related to certain court transportation, counseling, relocation and occupational or job training.
Budget implications
The changes proposed by this measure are not expected to have a material impact on either the compensation or operational expenses of the OVS. Victim compensation expenses are funded through a combination of State and federal funding. pursuant to the federal grant (Victims of Crime Act or VOCA) received by the State for such compensation, any increase to the overall compensation expenses of the OVS will be offset by a subsequent increase in federal compensation funding.
Effective date
This bill would take effect 90 after enactment, and would apply to all pending and subsequent original awards made by the OVS.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.