§ 624 — Eligibility

New York § 624

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

Text

§ 624. Eligibility. 1. Except as provided in subdivision two of this\nsection, the following persons shall be eligible for awards pursuant to\nthis article:\n (a) a victim of a crime;\n (b) a surviving spouse, domestic partner, grandparent, parent,\nstepparent, guardian, brother, sister, stepbrother, stepsister, child,\nstepchild or grandchild of a victim of a crime who died as a direct\nresult of such crime;\n (c) any other person dependent for his principal support upon a victim\nof a crime who died as a direct result of such crime;\n (d) any person or business represented by a person who has paid for or\nincurred the burial expenses of a victim who died as a direct result of\nsuch crime, except such person shall not be eligible to receive an award\nfor other than burial expenses unless otherwise eligible under paragraph\n(a), (b) or (c) of this subdivision;\n (e) an elderly victim of a crime;\n (f) a disabled victim of a crime;\n (g) a child victim of a crime;\n (h) a parent, stepparent, grandparent, guardian, brother, sister,\nstepbrother or stepsister of a child victim of a crime;\n (i) a surviving spouse of a crime victim who died from causes not\ndirectly related to the crime when such victim died prior to filing a\nclaim with the office or subsequent to filing a claim but prior to the\nrendering of a decision by the office. Such award shall be limited to\nout-of-pocket loss incurred as a direct result of the crime;\n (j) a spouse, child or stepchild of a victim of a crime who has\nsustained personal physical injury as a direct result of a crime;\n (k) a surviving spouse, grandparent, parent, stepparent, guardian,\nsibling, stepsibling, child, stepchild, or grandchild of a victim of a\ncrime who died as a direct result of such crime and where such crime\noccurred in the residence shared by such family member or members and\nthe victim; and\n (l) any person not otherwise eligible under this subdivision who has\npaid for or incurred the crime scene cleanup expenses, provided that\nsuch person shall only be eligible to receive an award under this\narticle for crime scene cleanup.\n 2. A person who is criminally responsible for the crime upon which a\nclaim is based or an accomplice of such person shall not be eligible to\nreceive an award with respect to such claim. A member of the family of a\nperson criminally responsible for the crime upon which a claim is based\nor a member of the family of an accomplice of such person, shall be\neligible to receive an award, unless the office determines pursuant to\nregulations promulgated to carry out the provisions and purposes of this\narticle, that the person criminally responsible will receive substantial\neconomic benefit or unjust enrichment from the compensation. In such\ncircumstances the award may be reduced or structured in such way as to\nremove the substantial economic benefit or unjust enrichment to such\nperson or the claim may be denied.\n