Makes victims of certain dog attacks eligible for awards by the crime victims board

BILL NUMBER:S15

Title of bill

An act to amend the executive law, in relation to making victims of certain dog attacks eligible for awards by the crime victims board

Purpose or general idea of bill

This bill will make innocent victims of dog attacks eligible to submit claims to the Crime Victims Board for reimbursement of medical bills and other expenses.

Summary of specific provisions

Section 1, Amends subdivision 3 of Section 621 of the Executive Law. Includes violations of Agriculture & Markets Law Section 121 (7) within the definition of "crime" for purposes of submitting claims to the Crime Victims Board.

Section 2, Effective Date

Existing law

Executive Law; Article 22, Office of Victim Services; Section 621, Definitions

Agriculture and Markets Law; Article 7, Licensing, Identification and Control of Dogs; Section 121, Dangerous Dogs

Justification

Americans are bitten by dogs almost five million times a year. Over 800,000 attacks require medical treatment, and more than half of the patients are children. Of those injured, 386,000 require treatment in an emergency department and about 16 die, The rate of dog bite-related injuries is highest for children ages 5 to 9 years, and the rate decreases as children age. Almost two thirds of injuries among children ages four years and younger are to the head or neck region. Injury rates in children are significantly higher for boys than for girls. However, at present many such attacks do not fit the definition of "crime" in the statute establishing the Crime Victims Board (CVB).

If an attacking dog was previously determined to be a "dangerous dog", the offense is treated as a misdemeanor and a claim can be submitted to the CVB. However, if there has been no prior formal determination of dangerousness, the offense is a violation subject only to a civil penalty, regardless of the severity or circumstances of the attack. In such cases, no, claims for medical bills or other expenses can be claimed by the victim (of, in the case of a child, the family).

This bill will rectify this disparity and make all dog attacks resulting in serious physical injury under § 121 eligible as "crimes" under the Executive Law definition This will ensure that victims of these attacks have the same ability to submit claims to the Crime Victims Board as other victims.

Prior legislative history

2012: S.316 - Referred to Crime Victims, Crime and Correction 2011: S.316 - Defeated in Crime Victims, Crime and Correction 2010: S.3095 - Reported and Committed to Finance/A.8605 - Held for Consideration in Governmental Operations 2009: S.3095 - Advanced to Third Reading/A.8605 - Referred to Governmental Operations 2007-08: S.4010 - Passed Senate/A.6944 - Reported, Referred to Ways and Means 2005-06: A.4185A - Referred to Governmental Operations 2004: S.6062 - Referred to the Crime Victims, Crime & Corrections/A.9602 - Referred to Governmental Operations Committee

Fiscal implications

No adverse fiscal impacts - any claims will be considered in the same manner and pursuant to the same appropriations as all other claims submitted to the CVB.

Effective date

90th day after enactment.