What's happening
This bill requires agencies to provide information for investigating victim compensation claims and clarifies standards for using criminal justice records.
Why it matters
Mandates cooperation from government agencies. The bill requires all state and local agencies—including police, public authorities, and others—to provide data and assistance to the Office of Victim Services, making it harder for agencies to withhold information relevant to victim compensation claims.
Clarifies evidence standards for crime verification. Instead of requiring the office to prove a crime was "committed," compensation claims now hinge on whether the crime is "indicated by criminal justice agency records," potentially lowering the threshold for victims to receive help.
Addresses conflicting agency reports. If there are inconsistent records or reports from different criminal justice agencies about the same incident, the Office of Victim Services must consider the overall circumstances, rather than denying claims based solely on contradictions, which could increase fairness and access for victims.
Expands definition of ‘criminal justice agency’ in sensitive cases. For sex, family, and trafficking offenses, not only police and prosecutors but also family courts, protective services, and medical facilities are considered valid sources of crime reports, broadening how victims can prove eligibility for compensation.
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Who cares
Office of Victim Services
The bill would require it to consider the totality of the circumstances across conflicting agency reports and base its crime finding on criminal justice agency records when deciding compensation claims.
State Police, local police departments and other government agencies
They would be required, rather than merely authorized, to provide assistance and data requested by the Office of Victim Services to carry out its duties.
Crime victims seeking compensation
The bill would change the award requirement from a finding that a crime was committed to a finding that a crime was indicated by criminal justice agency records.
Headline styles
Streamline Victim Compensation Claims
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 53–5
- Advanced to third reading
- 2nd report cal.
- 1st report cal.223
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 57–5
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.948
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6153
2019-2020 Regular Sessions
IN SENATE
May 20, 2019
Introduced by Sen. SEPULVEDA -- (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 A-1 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 separately amended by chapters 189 and 295 of the laws of 2018, 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. Notwithstanding the foregoing provisions of this subdivision, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09234-01-9
S. 6153 2
the penal law or sex trafficking as defined in sections 230.34 and 230.34-a 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 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 or family offense 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 of Victim Services ("OVS") to investigate a claim, and that in the event the Office receives information from two or more such sources with inconsistent information, OVS will consider the totality of the circum- stances when making a determination.
SUMMARY OF PROVISIONS
Section one of this measure would amend subdivision (4) of section 623 of the Executive Law, stating that certain agencies shall provide such assistance and data as will enable the OVS to carry out its functions and duties.
Section two would amend subdivision (1) of section 631 of the Executive Law, to clarify that in order to make an award, a crime must be indi- cated by criminal justice agency records and in the event two or more such sources 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 OVS 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 bill was introduced in 2018 - S.7995. It remained under committee review. No same as bill was introduced in the Assembly.
FISCAL IMPLICATIONS
None.
EFFECTIVE DATE This act would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.