§ 621 — Definitions

New York § 621

• Jurisdiction: New York
• Law EXC: Executive
• Art. 22: Office of Victim Services

Text

§ 621. Definitions. For the purposes of this article:\n 1. "Office" shall mean the office of victim services.\n 2. "Claimant" shall mean the person filing a claim pursuant to this\narticle.\n 3. "Crime" shall mean (a) an act committed in New York state which\nwould, if committed by a mentally competent criminally responsible\nadult, who has no legal exemption or defense, constitute a crime as\ndefined in and proscribed by law, regardless of whether any suspect was\narrested, charged, apprehended or prosecuted for the commission of the\nact or whether the claimant has interacted with a criminal justice\nagency investigating such act; or\n (b) an act committed outside the state of New York against a resident\nof the state of New York which would be compensable had it occurred\nwithin the state of New York and which occurred in a state which does\nnot have an eligible crime victim compensation program as such term is\ndefined in the federal victims of crime act of 1984; or\n (c) an act of terrorism, as defined in section 2331 of title 18,\nUnited States Code, committed outside of the United States against a\nresident of New York state.\n 4. "Family", when used with reference to a person, shall mean (a) any\nperson related to such person within the third degree of consanguinity\nor affinity, (b) any person maintaining a sexual relationship with such\nperson, or (c) any person residing in the same household with such\nperson.\n 5. "Victim" shall mean (a) a person who suffers personal physical\ninjury as a direct result of a crime; (b) a person who is the victim of\neither the crime of (1) unlawful imprisonment in the first degree as\ndefined in section 135.10 of the penal law, (2) kidnapping in the second\ndegree as defined in section 135.20 of the penal law, (3) kidnapping in\nthe first degree as defined in section 135.25 of the penal law, (4)\nmenacing in the first degree as defined in section 120.13 of the penal\nlaw, (5) criminal obstruction of breathing or blood circulation as\ndefined in section 121.11 of the penal law, (6) harassment in the second\ndegree as defined in section 240.26 of the penal law, (7) harassment in\nthe first degree as defined in section 240.25 of the penal law, (8)\naggravated harassment in the second degree as defined in subdivision\nthree or five of section 240.30 of the penal law, (9) aggravated\nharassment in the first degree as defined in subdivision two of section\n240.31 of the penal law, (10) criminal contempt in the first degree as\ndefined in subdivision (b) or subdivision (c) of section 215.51 of the\npenal law, (11) stalking in the fourth, third, second or first degree as\ndefined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,\n(12) labor trafficking as defined in section 135.35 of the penal law,\n(13) sex trafficking as defined in section 230.34 of the penal law; or\n(14) sex trafficking of a child as defined in section 230.34-a of the\npenal law; a vulnerable elderly person or an incompetent or physically\ndisabled person as defined in section 260.31 of the penal law who incurs\na loss of savings as defined in subdivision twenty-four of this section;\nor a person who has had a frivolous lawsuit filed against them.\n 6. "Representative" shall mean one who represents or stands in the\nplace of another person, including but not limited to an agent, an\nassignee, an attorney, a guardian, a committee, a conservator, a\npartner, a receiver, an administrator, an executor or an heir of another\nperson, or a parent of a minor.\n 7. "Good samaritan" shall mean a person who, other than a law\nenforcement officer, acts in good faith (a) to apprehend a person who\nhas committed a crime in his presence or who has in fact committed a\nfelony, (b) to prevent a crime or an attempted crime from occurring, or\n(c) to aid a law enforcement officer in effecting an arrest.\n 8. "Essential personal property" shall mean articles of personal\nproperty necessary and essential to the health, welfare or safety of the\nvictim.\n 9. "Elderly victim" shall mean a person sixty years of age or older\nwho suffers loss, or damage as a direct result of a crime.\n 10. "Disabled victim" shall mean a person who has a physical, mental\nor medical impairment, as evidenced by medical records, which prevents\nthe exercise of a normal bodily function at the time of the crime.\n 11. For purposes of this article "child victim" shall mean a person\nless than eighteen years of age who suffers physical, mental or\nemotional injury, or loss or damage, as a direct result of a crime or\nany violation listed in subdivision twelve of section six hundred\nthirty-one of this article, or as a result of witnessing a crime or any\nviolation listed in subdivision twelve of section six hundred thirty-one\nof this article.\n 12. "Frivolous lawsuit" shall mean a lawsuit brought by the individual\nwho committed a crime against the victim of the crime, found to be\nfrivolous, meritless and commenced to harass, intimidate or menace the\nvictim by a court and costs were imposed upon the plaintiff pursuant to\nsection eighty-three hundred three-a of the civil practice law and\nrules.\n 13. "Crime scene cleanup" shall mean removing, or attempting to remove\nfrom the crime scene, blood, dirt, stains, debris, odors, or other\nimpurities caused by the crime or the processing of the crime scene and\nthe repair or replacement of permanent fixtures and floor coverings,\nsoiled, damaged, or rendered unusable or uncleanable by the crime, the\nprocessing of the crime scene, or by being taken into evidence.\n 14. "Securing a crime scene" shall mean taking immediate, emergency\nsteps to return the residence where the crime occurred to the level of\nsafety present prior to the crime. It shall include, but not be limited\nto, the repair or replacement of doors, windows, screens and locks or\nother points of entry damaged or rendered unusable by the crime.\n 15. "Livery" shall mean a for-hire vehicle duly licensed by the\nappropriate local licensing authority, designed to carry no more than\nfive passengers for direct cash payment by such passenger and which is\naffiliated with a livery car base. The term "livery" shall not include a\nvehicle driven by a "black car operator", as defined in section one\nhundred sixty-cc of this chapter.\n 16. "Livery car base" shall mean a central facility, wherever located,\nthat dispatches the livery operator to both pick-up and discharge\npassengers in the state.\n 17. "Livery operator" shall mean the registered owner of a livery, or\na driver designated by such registered owner to operate the registered\nowner's livery as the registered owner's authorized designee, whose\nstatus as a livery operator victim arose out of and in the course of\nproviding services while affiliated with a livery car base. The term\n"livery operator" shall not include a "black car operator", as defined\nin section one hundred sixty-cc of this chapter.\n 18. "Livery operator victim" shall mean a livery operator homicide\nvictim or a livery operator assault victim.\n 19. "Livery operator assault victim" shall mean a livery operator who\nis the victim of a violent felony offense, as defined in subdivision one\nof section 70.02 of the penal law, which offense directly results in a\nserious physical injury, as defined in subdivision ten of section 10.00\nof the penal law.\n 20. "Livery operator homicide victim" shall mean a livery operator who\nis the victim of a homicide, as defined in article one hundred\ntwenty-five of the penal law.\n 21. "Local licensing authority" shall mean the governmental agency in\nthe state, if any, that is authorized to license a livery and/or a\nlivery car base.\n 22. "Financial counselling" shall mean financial services provided by\nan experienced financial counsellor or adviser which may include, but\nare not limited to: analysis of a victim's financial situation such as\nincome producing capacity and crime related financial obligations,\nassistance with restructuring budget and debt, assistance in accessing\ninsurance, public assistance and other benefits, assistance in\ncompleting the financial aspects of victim impact statements, and\nassistance in settling estates and handling guardianship matters.\n 23. "Relocation expenses" shall mean the cost of relocating a crime\nvictim, when relocation is necessary for the health or safety of the\nvictim. An award for relocation expenses of a victim shall include the\nreasonable cost of moving and transportation expenses for (a) the\nvictim, which may include the relocation expenses of their spouse and\nany other person dependent for his or her principal support upon the\nvictim or spouse who lives in the same residence as the victim, or (b)\nif the victim is a child victim eligible for such an award pursuant to\nthis article, the child victim, which may include the relocation\nexpenses of their parent, stepparent, guardian and any other person\ndependent for his or her principal support upon such parent, stepparent,\nand guardian who lives in the same residence as the child victim.\n 24. "Loss of savings" shall mean the result of any act or series of\nacts of larceny as defined in article one hundred fifty-five of the\npenal law, indicated by a criminal justice agency as defined in\nsubdivision one of section six hundred thirty-one of this article, in\nwhich cash is stolen from a vulnerable elderly person or an incompetent\nor physically disabled person as defined in section 260.31 of the penal\nlaw.\n * 25. "Domestic partner" shall mean a person who, with respect to\nanother person:\n (a) is formally a party in a domestic partnership or similar\nrelationship with the other person, entered into pursuant to the laws of\nthe United States or of any state, local or foreign jurisdiction, or\nregistered as the domestic partner of the other person with any registry\nmaintained by the employer of either party or any state, municipality,\nor foreign jurisdiction; or\n (b) is formally recognized as a beneficiary or covered person under\nthe other person's employment benefits or health insurance; or\n (c) is dependent or mutually interdependent on the other person for\nsupport, as evidenced by the totality of the circumstances indicating a\nmutual intent to be a domestic partner including but not limited to:\ncommon ownership or joint leasing of real or personal property; common\nhouseholding, shared income or shared expenses; children in common;\nsigns of intent to marry or become a domestic partner under paragraph\n(a) or (b) of this subdivision; or the length of the personal\nrelationship of the persons.\n Each party to a domestic partnership shall be considered to be the\ndomestic partner of the other party. "Domestic partner" shall not\ninclude a person who is related to the other person by blood in a manner\nthat would bar marriage to the other person in New York state. "Domestic\npartner" also shall not include any person who is less than eighteen\nyears of age or who is the adopted child of the other person or who is\nrelated by blood in a manner that would bar marriage in New York state\nto a person who is the lawful spouse of the other person.\n * NB There are 2 sb 25's\n * 25. "Employment-related transportation expenses" shall mean the\ncosts in excess of those normally expended by a victim to get to and\nfrom their places of employment, due to the personal physical injuries\nsustained as a direct result of the crime upon which the claim is based.\nIf required by law, such places of employment shall be reported to the\nappropriate taxing authority. Such costs shall not include the purchase,\nlease or rental of a vehicle.\n * NB There are 2 sb 25's\n