What's happening
This bill requires all relevant agencies to provide information needed to investigate victim compensation claims and clarifies the use of agency records in determining compensation eligibility.
Why it matters
Mandates cooperation from all relevant agencies. By requiring—not just authorizing—state and municipal agencies to provide data to the Office of Victim Services, the bill ensures that compensation investigations are not hampered by lack of information or agency reluctance, potentially speeding up and strengthening claims processing for victims.
Clarifies and standardizes the use of agency records. The bill explicitly ties compensation eligibility to what is indicated in criminal justice agency records, reducing ambiguity and subjectivity in determining whether a crime occurred and was reported within required timeframes.
Addresses conflicting agency reports. The new language instructs the Office of Victim Services to consider all available reports in cases where agencies provide inconsistent information about an incident, ensuring a more comprehensive and fair evaluation of claims rather than disqualifying claims based on conflicting evidence.
Broadens the definition of “criminal justice agency” for certain cases. By including family courts, protective services agencies, and medical facilities for cases involving sexual offenses, the bill recognizes the diverse pathways through which victims may seek help, making it easier for these victims to qualify for compensation.
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Who cares
Headline styles
Ease Victim Compensation Proof
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7995
IN SENATE
March 16, 2018
Introduced by Sen. GALLIVAN -- (at request of the Office of Victim Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the executive law, in relation to the information necessary to investigate compensation claims
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 623 of the executive law, as amended by section 8 of part A1 of chapter 56 of the laws of 2010, is amended to read as follows:
4. To request from the division of state police, from county or municipal police departments and agencies and from any other state or municipal department or agency, or public authority, and the same are hereby authorized to, and shall provide, such assistance and data as will enable the office to carry out its functions and duties.
§ 2. Subdivision 1 of section 631 of the executive law, as amended by section 22 of part A1 of chapter 56 of the laws of 2010, is amended to read as follows:
1. No award shall be made unless the office finds that (a) a crime was [committed] indicated by criminal justice agency records, (b) such crime directly resulted in personal physical injury to or the exacerbation of a preexisting disability, or condition, or death of, the victim, and (c) criminal justice agency records show that such crime was promptly reported to the proper authorities; and in no case may an award be made where the criminal justice agency records show that such report was made more than one week after the occurrence of such crime unless the office, for good cause shown, finds the delay to have been justified; provided, however, in cases involving an alleged sex offense as contained in article one hundred thirty of the penal law or incest as defined in section 255.25, 255.26 or 255.27 of the penal law or labor trafficking as defined in section 135.35 of the penal law or sex trafficking as defined in section 230.34 of the penal law or an offense chargeable as a family offense as described in section eight hundred twelve of the family court act or section 530.11 of the criminal procedure law, the criminal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14377-01-8
S. 7995 2
justice agency report need only be made within a reasonable time considering all the circumstances, including the victim's physical, emotional and mental condition and family situation. For the purposes of this subdivision, "criminal justice agency" shall include, but not be limited to, a police department, a district attorney's office, and any other governmental agency having responsibility for the enforcement of the criminal laws of the state provided, however, that in cases involving [such] sex [offense] offenses a criminal justice agency shall also mean a family court, a governmental agency responsible for child and/or adult protective services pursuant to title six of article six of the social services law and/or title one of article nine-B of the social services law, and any medical facility established under the laws of the state that provides a forensic physical examination for victims of rape and sexual assault. In the event that inconsistent reports among two or more criminal justice agencies exist for the same incident, the office shall consider the totality of the circumstances among all reports in order to accomplish the purpose of this article.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to the information necessary to investigate compensation claims
Purpose of the bill
The purpose of this measure is to clarify that law enforcement and other agencies shall provide the information necessary for the Office to investigate a claim, and that in the event the Office receives informa- tion from two or more such sources with inconsistent information, OVS will consider the totality of the circumstances when making a determi- nation.
Summary of provisions
Section one of this measure amends subdivision (4) of section 623 of the Executive Law, stating that certain agencies shall provide such assist- ance and data as will enable the OVS to carry out its functions and duties.
Section two amends subdivision (1) of section 631 of the Executive Law, to clarify that in order to make an award, a crime must be indicated by criminal justice agency records and in the event two or more such sourc- es provide the Office with inconsistent information, OVS will consider the totality of the circumstances when making a determination.
Section three is the effective date.
Justification
Under the current law, there are no provisions to compel criminal justice and other relevant agencies to cooperate with the OVS in order to achieve its statutory goals. While most of the law enforcement agen- cies OVS interacts with are cooperative with the Office and its staff, there is the occasional roadblock during the investigation process when an outside agency is uncooperative. This results in an unfair delay or denial to the innocent victims OVS is charged with serving.
The added language, that no award shall be made by OVS unless it is found that a crime was indicated by criminal justice agency records and that if there are two or more such entities providing conflicting infor- mation the office will consider the totality of the circumstances are important clarifications and codifications of the agency's longstanding practice.
Prior legislative history
This is a new bill.
Fiscal implications
This measure will have no fiscal impact.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.