S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  214--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE,
   COMRIE, COONEY, FERNANDEZ, GIANARIS,  GONZALEZ,  GOUNARDES,  HARCKHAM,
   HINCHEY,  HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  KENNEDY,  LIU,  PARKER,
   RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Crime Victims, Crime and Correction -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT to amend the executive law, in relation to expanding eligibility
   for victims and survivors of crime to access victim compensation funds
   by removing  the  mandatory  law  enforcement  reporting  requirement,
   providing  alternative forms of evidence that would show that a quali-
   fying crime was committed and the confidentiality of certain records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 621 of the execu-
 tive  law,  as amended by chapter 710 of the laws of 1996, is amended to
 read as follows:
   (a) an act committed in New York state which would, if committed by  a
 mentally  competent  criminally  responsible  adult,  who  has  no legal
 exemption or defense, constitute a crime as defined in and proscribed by
 law, REGARDLESS OF WHETHER ANY SUSPECT  WAS  ARRESTED,  CHARGED,  APPRE-
 HENDED OR PROSECUTED FOR THE COMMISSION OF THE ACT OR WHETHER THE CLAIM-
 ANT  HAS  INTERACTED  WITH  A CRIMINAL JUSTICE AGENCY INVESTIGATING SUCH
 ACT; or
   § 2. Subdivision 2 of section 625 of the executive law, as amended  by
 section  10 of part A-1 of chapter 56 of the laws of 2010, is amended to
 read as follows:
   2. A claim must be filed by the claimant not  later  than  [one  year]
 THREE  YEARS  after  the occurrence or discovery of the crime upon which

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01992-02-3
 S. 214--A                           2
 
 such claim is based, [one year]  THREE  YEARS  after  a  court  finds  a
 lawsuit  to be frivolous, or not later than [one year] THREE YEARS after
 the death of the victim, provided, however, that upon good cause  shown,
 the  office  may extend the time for filing. The office shall extend the
 time for filing where  the  claimant  received  no  notice  pursuant  to
 section  six  hundred twenty-five-a of this article and had no knowledge
 of eligibility pursuant to section six hundred twenty-four of this arti-
 cle.
   § 3. Paragraph (c) of subdivision 1 of section 627  of  the  executive
 law,  as  added  by  section 18 of part A-1 of chapter 56 of the laws of
 2010, is amended to read as follows:
   (c) the investigation and determination of claims regardless of wheth-
 er the alleged criminal has been ARRESTED, CHARGED, apprehended or pros-
 ecuted for or convicted of any crime based upon the  same  incident,  or
 has  been  acquitted, or found not guilty of the crime in question owing
 to criminal irresponsibility or other legal exemption;
   § 4. 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,] HAS OCCURRED AS INDICATED BY THE APPLICANT'S RECORD OR
 SUPPORTING DOCUMENTATION; (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)  EITHER:  (I)  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 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  circum-
 stances, including the victim's physical, emotional and mental condition
 and  family situation[.]; OR (II) EVIDENCE IS PROVIDED TO SHOW THAT SUCH
 CRIME OCCURRED. SUCH EVIDENCE SHALL INCLUDE, BUT IS NOT LIMITED TO,  ONE
 OR MORE OF THE FOLLOWING:
   (A)  A WRITTEN STATEMENT PROVIDED BY A CITY OR STATE-CONTRACTED VICTIM
 SERVICES PROVIDER WHO HAS PROVIDED SERVICES TO THE VICTIM OF THE  CRIME,
 OR  OTHER  ELIGIBLE CLAIMANTS AS IDENTIFIED IN SECTION SIX HUNDRED TWEN-
 TY-FOUR OF THIS ARTICLE, IN RESPONSE TO THE  IMPACT  OF  THE  QUALIFYING
 CRIME; OR
   (B)  A  TEMPORARY  OR  PERMANENT RESTRAINING ORDER OR PROTECTIVE ORDER
 ISSUED BY A COURT TO PROTECT OR SEPARATE THE VICTIM, OR  OTHER  ELIGIBLE
 CLAIMANTS AS IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTI-
 CLE, FROM THE PERSON WHO IS RESPONSIBLE FOR THE QUALIFYING CRIME.
   For  the purposes of this subdivision, "criminal justice agency" shall
 include, but not be limited to, a police department, a  district  attor-
 ney'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 or family  offense  a  criminal
 S. 214--A                           3
 
 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  arti-
 cle  nine-B  of the social services law, and any medical facility estab-
 lished under the laws of the state that  provides  a  forensic  physical
 examination for victims of rape and sexual assault.
   § 5. Subdivision 4 of section 625 of the executive law, as amended  by
 section  10 of part A-1 of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4.  Upon  THE  filing  of a claim pursuant to this article, the office
 shall promptly notify the district attorney of the  county  wherein  the
 crime  is  alleged  to have occurred.  EXCEPT IN CASES WHERE THE ALLEGED
 CRIME WAS NOT REPORTED TO A CRIMINAL JUSTICE  AGENCY,  AS  INDICATED  IN
 SUBDIVISION  ONE  OF SECTION SIX HUNDRED THIRTY-ONE OF THIS ARTICLE. If,
 within ten days after such notification, such district attorney  advises
 the  office that a criminal prosecution is pending upon the same alleged
 crime and requests that action by the office  be  deferred,  the  office
 shall  defer  all proceedings under this article until such time as such
 criminal prosecution  has  been  concluded  and  shall  so  notify  such
 district  attorney  and the claimant. When such criminal prosecution has
 been concluded, such district attorney  shall  promptly  so  notify  the
 office.  Nothing in this section shall limit the authority of the office
 to grant emergency awards pursuant to section six hundred thirty of this
 article.
   § 6. Subdivision 1 of section 633 of the executive law, as amended  by
 section  25 of part A-1 of chapter 56 of the laws of 2010, is amended to
 read as follows:
   1. Records maintained by the office  and  proceedings  by  the  office
 based  thereon  regarding  a  claim  submitted by a victim or a claimant
 shall be deemed confidential AND SHALL NOT BE SHARED WITH ANY GOVERNMENT
 OR PRIVATE ENTITY, with the following exceptions:
   (a) requests for  information  based  [upon]  ON  legitimate  criminal
 justice  purposes  AS  DETERMINED  BY THE AGENCY, PROVIDED THAT, IN SUCH
 CASE, THE OFFICE SHALL FURNISH ONLY THAT PORTION OF THE INFORMATION THAT
 IS LEGALLY REQUIRED;
   (b) judicial subpoenas;
   (c) requests for information by the victim or claimant or his  or  her
 authorized representative; OR
   (d)  for  purposes necessary and proper for the administration of this
 article.
   § 7. This act shall take effect one year after it shall have become  a
 law.