Expands eligibility for crime victims' compensation to include domestic partners

Summary of provisions

This bill would amend Executive Law section 624 to allow a family member of a homicide victim, who resided with the victim at the time of such crime and with whom the victim maintained a long-term relationship characterized by emotional and financial commitment and interdependence, to be eligible for compensation from the Crime Victims Board when the victim died as a direct result of such crime. The term "family" is currently defined in Executive Law sec. 621 (4). This bill also would amend Executive Law sec. 626 by adding a new subdivision 4 to provide that out of pocket loss shall include the lost the cost of counseling for surviving family members of homicide victims who are otherwise eligible pursuant to section 624 (1) (b).

Justification

Currently, the Crime Victims Board has no authority to compensate family members of homicide victims unless such persons are relative listed explicitly in Exec. 1. sec. 624 or unless they are principally dependent on the victim for financial support. In the absence of such financial dependence, a long-term living companion, or a person in a parent child relationship not formalized by an adoption order, may not recover under the current statute.

A recent trend in New York has been to broaden the definition of family to include persons who maintain long-term substantial relationships but not formalized by marriage licenses or orders of adoption. In fact, in response to the World Trade Center attack on September 11, 2000. the Governor extended the definition of family to domestic partners of victims of the attack in order to make them eligible for compensation. SEE BRASCHI V. STAHL ASSOCIATES CO., 74 N.Y.2d 201, (1989), in which the Court of Appeals stated that for purposes of protection from eviction under the New York City rent control law, the term "family" not be rigidly restricted to those people who have formalized their relationship by obtaining, for instance, a marriage certificate or an adoption order... but instead should find its foundation in the reality of family life.

ID., at 211. Such persons are readily distinguishable from "mere roommates". ID. at 212. New York City recently initiated a new policy on paid bereavement leave for City employees who live with a partner outside of marriage. The impact of a partner's death despite the lack of legal formalization of a relationship is recognized by this legislation. Although the Crime Victims Board statute already defines "family" very broadly,

Exec., L, sec. 621 (4), definition is currently used only for narrow purposes and not to determine who should receive compensation for out of pocket loss and counseling expenses, Those persons within this broader definition of family are no less traumatized by the crime- caused death of a person with whom they maintain a committed relationship than are those who have legally formalized their relationship prior to the commission of the crime.

By combining the existing statutory definition of "family" with a requirement that the claimant show that he or she had a long-term interdependent relationship with the victim, the statute would more clearly reflect societal changes and would more fairly compensate those whose lives are forever changed by the homicide of a loved one.

Legislative history

2000: S.3217 Referred to Crime Victims, Crime and Correction A.6204 Referred to Governmental Operations 2002: A.4980 Reported from Government Operations and Referred to Ways and Means 2003-04: A.1033 Reported Referred to Ways and Means 2007-09: S.2416A Referred to Crime Victims, Crime and Correction A.4526 Advanced to Third Reading Calendar 2009-10: S.1422A/A.4089A (Passed Assembly) 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Fiscal implications

The Crime Victims Board has estimated that approximately $28,000 per year from existing appropriations would be required to cover awards to the additional eligible claimants under this bill.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law.