§ 620. Declaration of policy and legislative intent. The legislature recognizes that many innocent persons suffer personal physical injury or death as a result of criminal acts. Such persons or their dependents may thereby suffer disability, incur financial hardships, or become dependent upon public assistance. The legislature finds and determines that there is a need […]
§ 626. Out-of-pocket loss; definition. 1. Out-of-pocket loss shall mean unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care or other services necessary as a result of the injury upon which such claim is based, including such expenses incurred as a result of the exacerbation of a pre-existing disability or condition directly resulting […]
§ 627. Determination of claims. 1. The office shall determine claims in accordance with rules and regulations promulgated by the director. Such rules and regulations must provide for: (a) written notification to an applying victim of their right to representation by counsel, as well as their potential eligibility for an award of attorney’s fees pursuant […]
§ 629. Judicial review. 1. Within fifteen days after receipt of the copy of the report containing the final decision of the office, the comptroller shall, if in his judgment the award is illegal or excessive, notify the office of his conclusion, state the reasons for that conclusion, and provide specific recommendations for modification. Upon […]
§ 630. Emergency awards. 1. Notwithstanding the provisions of section six hundred twenty-seven of this article, if it appears to the office, that such claim is one with respect to which an award probably will be made, and undue hardship will result to the claimant if immediate payment is not made, the office may make […]
§ 631. Awards. 1. No award shall be made unless the office finds that (a) a crime was committed, (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 […]
§ 631-a. Crime victim service programs. 1. The office shall make grants, within amounts appropriated for that purpose, for crime victim service programs to provide services to crime victims and witnesses. These programs shall be operated at the community level by not-for-profit organizations, by agencies of local government or by any combination thereof. Crime victim […]
§ 632. Manner of payment. 1. The award shall be paid in a lump sum, except that in the case of death or protracted disability the award shall provide for periodic payments to compensate for loss of earnings or support. No award made pursuant to this article shall be subject to execution or attachment other […]
§ 632-a. Crime victims. 1. For the purposes of this section: (a) “Crime” means (i) any felony defined in the laws of the state; or (ii) an offense in any jurisdiction which includes all of the essential elements of any felony defined in the laws of this state and: (A) the crime victim, as defined […]
§ 633. Confidentiality of records. 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 with the following exceptions: (a) requests for information based upon legitimate criminal justice purposes; (b) judicial subpoenas; (c) requests for information by the […]
§ 634. Subrogation. 1. (a) Acceptance of an award made pursuant to this article shall subrogate the state, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award […]
§ 635. Severability of provisions. If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article and the application of such provision to other persons or circumstances shall not be affected thereby.
§ 636. Community violence intervention act. 1. Legislative findings. The legislature hereby finds and declares that gun violence and other forms of violence constitute a crisis that poses a serious threat to the health and quality of life of all residents of the state of New York. An epidemic of violence is tearing at the […]
