A 1862: Increases the amount for awards made to crime victims; specifies certain items of personal property which are necessary and essential to the welfare of a claimant.

  
  STATE OF NEW YORK ________________________________________________________________________ 1862 2025-2026 Regular Sessions  IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to awards made to crime victims The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8 of section 621 of the executive law, as added 2 by chapter 197 of the laws of 1983, is amended to read as follows: 3 8. "Essential personal property" shall mean articles of personal prop- 4 erty necessary and essential to the health, welfare or safety of the 5 victim. 6 (a) Personal property necessary and essential to the welfare of the 7 victim shall mean personal property of a victim that is lost, damaged, 8 or stolen as a result of a crime and for which reimbursement or replace- 9 ment is reasonably necessary for the victim to restore stability or 10 maintain a reasonable and/or basic standard of living. 11 (b) The office shall promulgate rules and regulations for the determi- 12 nation and approval of what constitutes property reasonably necessary to 13 restore or maintain a reasonable and/or basic standard of living 14 consistent with this article. 15 § 2. Subdivision 9 of section 631 of the executive law, as amended by 16 section 1 of part I of chapter 55 of the laws of 2022, is amended to 17 read as follows: 18 9. (a) Any award made for the cost of repair or replacement of essen- 19 tial personal property, including cash losses of essential personal 20 property, shall be limited to an amount of twenty-five hundred dollars, 21 except that all cash losses of essential personal property shall be 22 limited to the amount of one hundred dollars. In the case of medically 23 necessary life-sustaining equipment which was lost or damaged as the 24 direct result of a crime, the award shall be limited to the amount of 25 ten thousand dollars. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00484-01-5 
 A. 1862 2 1 (b) For property necessary and essential to the welfare of the victim, 2 the office may request that the claimant provide estimates or receipts 3 for personal property lost, damaged or stolen as a result of the crime. 4 A claimant's inability to produce a receipt for lost, stolen or damaged 5 personal items shall not in itself disqualify a claimant from receiving 6 reimbursement for such items. The office shall consider all the facts 7 and circumstances of each case before making a determination. 8 (c) Personal property necessary and essential to the welfare of the 9 victim shall include, but not be limited to, the following items lost, 10 damaged, or stolen as a result of the crime: 11 (i) clothing; 12 (ii) shoes; 13 (iii) furniture; 14 (iv) appliances; 15 (v) electronics; and 16 (vi) bedding. 17 (d) Property necessary and essential to the welfare of the victim 18 shall include, but not be limited to, the following: 19 (i) Sofa, couch, loveseat, or chair; 20 (ii) Dining table; 21 (iii) Bed/mattress; 22 (iv) Sheets, pillows, comforters and blankets; 23 (v) Lamp; 24 (vi) Refrigerator; 25 (vii) Microwave; 26 (viii) Stove; 27 (ix) Dishes and eating utensils; 28 (x) Television; 29 (xi) Telephone or cell phone; 30 (xii) Toys for children under six years old; and 31 (xiii) Stroller. 32 (e) Eligible essential personal property as specified in paragraph (d) 33 of this subdivision, including any property not specifically enumerated 34 in paragraph (d) of this subdivision, may be reimbursed at a reasonable 35 rate as determined by the office, provided that such rate does not 36 exceed twenty-five hundred dollars. 37 § 3. This act shall take effect immediately.