Expands eligibility for crime victims' compensation to include domestic partners

Section 2 would amend section 624 of the Executive Law to add a new subdivision defining domestic partner. Domestic partner is defined as someone who is either in a domestic partnership, named as the beneficiary or covered person under the other person's employment or insurance benefits, or is dependent or mutually interdependent on the other person for support.

Section 3 amends section 626 of the executive law to add counseling for surviving family members who are already eligible under section 626 as an acceptable out of pocket loss.

Section 4 provides the effective date.

Justification

Currently, the Crime Victims Board has no authority to compensate family members of homicide victims unless such persons are a 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, 2001, the Governor extended the definition of family to domestic partners of victims of the attack in order to make them eligible for compensation. In addition, BRASCHI V. STAHL ASSOCIATES CO., 74 N.Y.2d 201, (1989), 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

2014: S215/A4024 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION/Passed Assembly 2013: S215/A4024 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION/Passed Assembly 2012: S629/A3592 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION/Passed Assembly 2011: S629/A3592REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION/Passed Assembly 2010: S1422/A4089 (Schneiderman)- REPORTED AND COMMITTED TO RULES/Passed Assembly Also passed Assembly in 2009, and advanced to third reading calendar in Assembly from 2006-2008

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.