BILL NUMBER: S156
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the executive law, in relation to awards made to crime
victims
 
PURPOSE OR GENERAL IDEA OF BILL:
To clarify the definitions of "essential personal property" and "proper-
ty necessary and essential to the welfare of the victim" as those terms
are used in the executive law to ensure that crime victims have meaning-
ful access to reimbursement for property lost, damaged, or stolen as the
result of a crime.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 8 of section 621 of the executive law, as
added by chapter 197 of the laws of 1983, which defines "essential
personal property", by adding two new subdivisions. The new Subdivision
8(a) clarifies the meaning of personal property necessary and essential
to the welfare of the victim to mean personal property that was lost,
damaged or stolen as a result of the crime for which reimbursement or
replacement is reasonably necessary for the victim to restore stability
and/or a basic standard of living.
The new Subdivision 8(b) states that the office of victim services shall
promulgate rules and regulations for the determination of which property
is included under subdivision 8(a).
Section 2 amends subdivision 9 of section 631 of the executive law, as
amended by section 1 of part I of chapter 55 of the laws of 2022, by
amending the existing provision and by adding a new subdivision (b),
(c), (d), and (e).
The new subdivision 9(b) allows the office of victim services to request
estimates or receipts for personal property lost, damaged or stolen as a
result of a crime, but stipulates that the inability of a victim to
provide such estimates or receipts shall not disqualify them from
receiving reimbursement for such items.
The new subdivision 9(c) provides a non-exclusive list of items of
personal property lost, damaged, or stolen as a result of a crime that
are necessary and essential to the welfare of the victim.
The new subdivision 9(d) provides a non-exclusive list of property that
is necessary and essential to the welfare of the victim.
The new subdivision 9(e) allows for the reasonable reimbursement of
property not specifically included in subdivision 9(d) to be determined
by the office of victim services.
Section 3 sets the effective date.
 
JUSTIFICATION:
Victims of crimes deserve to be compensated for what they have lost as a
direct result of having been subjected to criminal conduct. However,
the meaning of the term "welfare" in determining victim awards in this
context has been construed narrowly, depriving some crime victims of
just compensation. This bill clarifies and expands the definition of
"welfare" to allow victims of crime to be compensated for what is neces-
sary to restore stability in victims' lives and allows victims to
achieve a basic standard of living.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2024: S303 (Salazar) - Referred to Crime Victims, Crime & Correction
Committee. Passed Senate, unanimously.
2023: S303 (Salazar) - Referred to Crime Victims, Crime & Correction
Committee. Passed Senate, unanimously.
2022: S8603A (Salazar) - Referred to and reported out of the Crime
Victims, Crime & Correction Committee, Passed Senate, unanimously.
ASSEMBLY:
2023-2024: A3257 (Rajkumar) - Referred to Governmental Operations
2022: no same as
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S156: 621 executive law, 621(8) executive law, 631 executive law, 631(9) executive law