S 7296: Establishes the division of the crime victims' statewide advocate to represent crime victims' and witnesses' legal interests during discovery and trial and assist with victim compensation applications.

  
  STATE OF NEW YORK ________________________________________________________________________ 7296 2025-2026 Regular Sessions  IN SENATE April 9, 2025 ___________ Introduced by Sen. RHOADS -- 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 establishing the divi- sion of the crime victims' statewide advocate to represent crime victims' legal interests The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 631-b 2 to read as follows: 3 § 631-b. Crime victims' statewide advocate. 1. For the purposes of 4 this section: 5 (a) "advocate" means the crime victims' advocate, the individual head 6 of the division of the crime victims' statewide advocate; 7 (b) "the division" means the division of the crime victims' statewide 8 advocate, as established by this section; and 9 (c) "the director" means the director of the office of victim 10 services. 11 2. There is hereby established within the office of victim services 12 the division of the crime victims' statewide advocate, the head of which 13 shall be the crime victims' advocate. The crime victims' advocate shall 14 be appointed by the director of the office with the advice of the 15 office's advisory council, shall receive a salary to be fixed by the 16 director within the amount appropriated therefor, and shall not be 17 discharged except for just cause. 18 3. The crime victims' advocate, subject to rules prescribed by the 19 director or the governor, shall establish bureaus or local offices in 20 each county under the division of the crime victims' advocate as such 21 advocate may deem necessary and may appoint such deputies, assistants, 22 and other employees as may be needed for the performance of such advo- 23 cate's duties and the mission of the division and may prescribe their EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11386-04-5 
 S. 7296 2 1 powers and duties and fix their compensation within the amount appropri- 2 ated therefor. The principal office of the division shall be in the city 3 of Albany, there shall be at least one office of substantial presence in 4 the city of New York, and there shall be an office of adequate presence 5 within each county. Branch offices may be established at the discretion 6 of the director or the governor, subject to appropriations for mainte- 7 nance of such offices. 8 4. The office of crime victims' statewide advocate shall have the 9 following powers and duties: 10 (a) provide legal representation to victims and witnesses of crimes 11 who are served with judicial orders to allow criminal defendants or 12 their representatives to gain access to such victim or witness's home or 13 place of business, pursuant to subdivision two of section 245.30 of the 14 criminal procedure law; 15 (b) provide legal representation to any crime victim or witness with 16 regard to any legal action related to section 245.30 of the criminal 17 procedure law; 18 (c) provide legal assistance with any victim compensation applica- 19 tions, provided, however, such victim has exhausted other assistance 20 available through the office, absent extenuating circumstances; 21 (d) provide information on victims' and witnesses' legal rights and 22 protections with regard to criminal process; and 23 (e) assist victims to submit comments and statements to courts and 24 parole boards. 25 § 2. If any clause, sentence, paragraph, subdivision, section, or part 26 of this law or the application thereof to any person or circumstance 27 shall be adjudged by any court of competent jurisdiction to be invalid 28 or unconstitutional, such order or judgment shall not affect, impair, or 29 invalidate the remainder hereof, but shall be confined in its operation 30 to the clause, sentence, paragraph, subdivision, section, or part of 31 this law, or in its application to the person or circumstance directly 32 involved in the controversy in which such order or judgment shall be 33 rendered. 34 § 3. This act shall take effect January 1, 2026. Effective immediate- 35 ly, the addition, amendment and/or repeal of any rule or regulation 36 necessary for the implementation of this act on its effective date are 37 authorized to be made and completed on or before such effective date.