N.Y. Executive Law § 631: Awards

§ 631. Awards. 1. (a) No award shall be made unless the office finds

that: (i) a crime was indicated by the records of a support agency for

survivors of crime or the records of a criminal justice agency; (ii)

such crime directly resulted in personal physical injury to or the

exacerbation of a preexisting disability, or condition, or death of, the

victim; and (iii) the records of a support agency for survivors of crime

or the records of a criminal justice agency show that such crime was

reported.

(b) For the purposes of this subdivision, "criminal justice agency"

shall include, but not be limited to, a police department, a district

attorney's office, and any other governmental agency having

responsibility for the enforcement of the criminal laws of the state.

(c) For the purposes of this subdivision a "support agency for

survivors of crime" or any derivative term thereof shall include:

(i) a governmental agency responsible for child and/or adult

protective services pursuant to title six of article six of the social

services law and/or title one of article nine-B of the social services

law, and any medical facility established under the laws of the state

that provides a forensic physical examination for victims of rape and

sexual assault; or

(ii) in cases involving any sex offense or family offense a support

agency for survivors of crime shall also include a family court; or

(iii) in cases where a physically injured claimant and/or victim is

unable to report to or otherwise cooperate with a criminal justice

agency because of the victim's age, physical condition, psychological

state, cultural or linguistic barriers, or any other health or safety

concern that jeopardizes the victim's wellbeing, a support agency for

survivors of crime shall also include:

(A) a court which issued a temporary or permanent restraining order or

protective order against the party or parties alleged to have committed

the crime against the victim, or

(B) a "victim services provider" which shall mean a city or state

contracted victim service provider who has provided services to the

victim of the crime, or other eligible claimants as identified in

section six hundred twenty-four of this article, or a licensed medical

or mental health services provider providing care to a victim of crime

within their licensed discipline and who can attest that the victim of a

crime suffered a personal physical injury related to or connected to the

crime upon which the claim is based.

1-a. No award shall be made for a frivolous lawsuit unless the office

finds that the victim has been awarded costs pursuant to section

eighty-three hundred three-a of the civil practice law and rules and the

individual responsible for the payment of costs is unable to pay such

costs provided, however, that in no event shall the amount of such costs

exceed two thousand five hundred dollars.

1-b. Where supporting evidence under subdivision one of this section

is provided by any victim services provider, pursuant to clause (B) of

subparagraph (iii) of paragraph (c) of subdivision one of this section,

(a) a provider which is a city or state contracted victim service

provider shall attest that (i) such provider and any entity associated

with such provider does not have a pecuniary interest in the outcome of

the claim, but if so, (ii) a referral shall be made from such provider

and any entity associated with such provider immediately upon the

decision of the office, and (iii) it is understood that no contractual

reimbursements or other payments shall be made by the office to the

provider and any entity associated with such provider for any crime

related services provided to that victim after such decision by the

office, and (b) all victim services providers, pursuant to clause (B) of

subparagraph (iii) of paragraph (c) of subdivision one of this section

shall also attest that the victim's injuries are the result of a crime.

1-c. In the event that inconsistent reports among two or more support

agencies for survivors of crime exist for the same incident, the office

shall consider the totality of the circumstances among all reports in

the light most favorable to the victim and/or claimant, in order to

accomplish the purpose of this article.

2. Any award made pursuant to this article shall be in an amount not

exceeding out-of-pocket expenses, including indebtedness reasonably

incurred for medical or other services necessary as a result of the

injury upon which the claim is based; loss of earnings or support

resulting from such injury not to exceed thirty thousand dollars; loss

of savings not to exceed thirty thousand dollars; burial expenses not

exceeding twelve thousand dollars of a victim who died on or after

November first, nineteen ninety-six as a direct result of a crime; the

costs of crime scene cleanup and securing of a crime scene not exceeding

twenty-five hundred dollars; reasonable relocation expenses not

exceeding twenty-five hundred dollars; reasonable employment-related

transportation expenses, not exceeding twenty-five hundred dollars and

the unreimbursed cost of repair or replacement of articles of essential

personal property lost, damaged or destroyed as a direct result of the

crime. An award for loss of earnings shall include earnings lost by a

parent or guardian as a result of the hospitalization of a child victim

under age eighteen for injuries sustained as a direct result of a crime.

In addition to the medical or other services necessary as a result of

the injury upon which the claim is based, an award may be made for

rehabilitative occupational training for the purpose of job retraining

or similar employment-oriented rehabilitative services based upon the

claimant's medical and employment history. For the purpose of this

subdivision, rehabilitative occupational training shall include but not

be limited to educational training and expenses. An award for

rehabilitative occupational training may be made to a victim, or to a

family member of a victim where necessary as a direct result of a crime.

An award for employment-related transportation expenses shall be limited

to the time period necessary due to the personal physical injuries

sustained as a direct result of the crime upon which the claim is based,

as determined by the medical information collected during the

investigation of the claim.

3. Any award made for loss of earnings or support shall, unless

reduced pursuant to other provisions of this article, be in an amount

equal to the actual loss sustained, provided, however, that no such

award shall exceed six hundred dollars for each week of lost earnings or

support. Awards with respect to livery operator victims pursuant to

paragraphs (f) and (g) of subdivision one of section six hundred

twenty-seven of this article shall be granted in the amount and in the

manner provided therein. The aggregate award for all such losses

pursuant to this subdivision, including any awards made pursuant to

paragraphs (f) and (g) of subdivision one of section six hundred

twenty-seven of this article, shall not exceed thirty thousand dollars.

If there are two or more persons entitled to an award as a result of the

death of a person which is the direct result of a crime, the award shall

be apportioned by the office among the claimants.

3-a. Any award made for loss of savings shall, unless reduced pursuant

to other provisions of this article, be in an amount equal to the actual

loss sustained.

4. Any award made pursuant to this article shall be reduced by the

amount of any payments received or to be received by the claimant as a

result of the injury (a) from or on behalf of the person who committed

the crime, (b) under insurance programs mandated by law, (c) from public

funds, (d) under any contract of insurance wherein the claimant is the

insured or beneficiary, (e) as an emergency award pursuant to section

six hundred thirty of this article. Notwithstanding the foregoing, where

the person injured is a livery operator victim, because undue hardship

may result to the claimant if immediate payment is not made, any award

pursuant to paragraphs (f) and (g) of subdivision one of section six

hundred twenty-seven of this article shall be granted without reduction

for workers' compensation benefits to be received, if any.

5. (a) Except as provided in paragraph (g) of this subdivision, in

determining the amount of an award, the office shall determine whether,

because of such victim's conduct, the victim of such crime contributed

to the infliction of such victim's injury, and the office shall reduce

the amount of the award or reject the claim altogether, in accordance

with such determination.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, the office shall disregard for this purpose the

responsibility of the victim for such victim's own injury where the

record shows that the person injured was acting as a good samaritan, as

defined in this article.

(c) Notwithstanding any inconsistent provision of this article, where

the person injured acted as a good samaritan, the office may, without

regard to the financial difficulty of the claimant, make an award for

out-of-pocket losses. Such award may also include compensation for any

loss of property up to five thousand dollars suffered by the victim

during the course of such victim's actions as a good samaritan.

(d) Notwithstanding any inconsistent provision of this article, where

a person acted as a good samaritan, and was killed as a direct result of

the crime, the office may, without regard to the financial difficulty of

the claimant, make a lump sum award to such claimant for actual loss of

support not to exceed thirty thousand dollars.

(e) Notwithstanding any inconsistent provision of this article, where

a police officer or firefighter, both paid and volunteer, dies from

injuries received in the line of duty as a direct result of a crime, the

office may, without regard to the financial difficulty of the claimant,

make an award for the unreimbursed counseling expenses of the eligible

spouse, domestic partner, parents, siblings or children of such victim,

and/or the reasonable burial expenses incurred by the claimant.

(f) Notwithstanding the provisions of paragraph (a) of this

subdivision, the office shall disregard for this purpose the

responsibility of the victim for such victim's own loss of savings.

(g) Notwithstanding the provisions of paragraph (a) of this

subdivision, when determining a claim made by a person eligible under

paragraph (b), (c) or (d) of subdivision one of section six hundred

twenty-four of this article, if the crime upon which the claim is based

resulted in the death of the victim, the office shall not consider

whether, because of their conduct, the victim of such crime contributed

to their death.

6. (a) Claims may be approved only if the office finds that unless the

claimant's award is approved he or she will suffer financial difficulty.

However, no finding of financial difficulty is required for a claim for

an emergency award or an award less than ten thousand dollars. In

determining financial difficulty, the office shall consider all relevant

factors, including but not limited to:

(1) the number of claimant's dependents;

(2) reasonable living expenses of the claimant and his family;

(3) any special health, rehabilitative or educational needs of the

claimant and his dependents;

(4) the claimant's employment situation including income and potential

earning capacity;

(5) the claimant's net financial resources after authorized deduction

as provided in paragraphs (b) and (c) of this subdivision;

(6) whether claimant's financial resources will become exhausted

during his lifetime; and

(7) the nature and the amount of claimant's total debt and

liabilities, including the amount of debt incurred or to be incurred to

pay for losses and expenses of the crime, and the extent to which

claimant's essential assets will have to be liquidated.

(b) Claimant's net financial resources do not include the present

value of future earnings, and shall be determined by the office by

deducting from his total financial resources the value, within

reasonable limits, of the following items:

(1) a homestead, not exceeding five hundred thousand dollars, or a

total of ten years' rent for a renter;

(2) personal property consisting of clothing and strictly personal

effects;

(3) household furniture, appliances and equipment;

(4) tools and equipment necessary for the claimant's trade, occupation

or business;

(5) a family automobile;

(6) life insurance, except in death claims; and

(7) retirement, education and health plans or contributions to a

retirement or pension program including but not limited to contributions

to: (i) employee profit sharing plans, (ii) employee money purchase

plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)

individual retirement accounts (IRA), (vi) 403 (b) plans, (vii) 457

plans, (viii) Keogh plans, (self employed), and (ix) any other plan or

account for which contributions are made primarily for retirement

purposes.

(c) The office, after taking into consideration the claimant's

financial resources, may exempt that portion of the victim's or

claimant's annual income required to meet reasonable living expenses and

the value of inventory or other property necessary for the claimant's

business or occupation or the production of income required to meet

reasonable living expenses. In no event shall the aggregate value of

exemptions under this paragraph exceed one hundred thousand dollars.

(d) Nothing contained in this subdivision shall be construed to mean

that the office must maintain the same standard of living enjoyed by the

claimant prior to the death or injury.

(e) The director shall promulgate such rules and regulations as are

necessary for the implementation of this section.

7. Notwithstanding the provisions of subdivision six of this section,

an award shall include out-of-pocket expenses, including indebtedness

reasonably incurred by the victim of a sex offense or the person

responsible for the victim of such sex offense, as such sex offense is

defined in article one hundred thirty of the penal law, for a hospital

or medical examination in connection with the investigation or

prosecution of any such offense.

8. Notwithstanding the provisions of subdivisions one, two and three

of this section, an elderly or disabled victim who has not been

physically injured as a direct result of a crime, shall only be eligible

for an award that includes the unreimbursed cost of repair or

replacement of essential personal property that has been lost, damaged

or destroyed as a direct result of a crime, transportation expenses

incurred for necessary court appearances in connection with the

prosecution of such crimes and the unreimbursed cost of counselling

provided to the elderly or disabled victim on account of mental or

emotional stress or financial counselling provided to the elderly or

disabled victim on account of financial difficulty resulting from the

incident in which the crime occurred if such counselling or financial

counselling is commenced within one year from the date of the incident.

For purposes of this subdivision, "necessary court appearances" shall

include, but not be limited to, any part of trial from arraignment

through sentencing, pre and post trial hearings and grand jury hearings.

8-a. Notwithstanding the provisions of subdivision one of this

section, a vulnerable elderly person or an incompetent or physically

disabled person, as defined in section 260.31 of the penal law, who has

not been physically injured as a direct result of a crime, shall be

eligible for an award that includes loss of savings.

9. (a) Any award made for the cost of repair or replacement of

essential personal property, including cash losses of essential personal

property, shall be limited to an amount of twenty-five hundred dollars,

except that all cash losses of essential personal property shall be

limited to the amount of one hundred dollars. In the case of medically

necessary life-sustaining equipment which was lost or damaged as the

direct result of a crime, the award shall be limited to the amount of

ten thousand dollars.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, in the case of cash losses which were the result of an act

or series of acts of larceny as defined in article one hundred

fifty-five of the penal law, perpetrated by the same actor indicated by

a report or reports obtained from a criminal justice agency as defined

in subdivision one of this section, and a receipt, receipts or similar

documentation is provided showing such cash loss or losses, a single

claim may be filed and an award may be made for cash losses of essential

personal property for each act up to a cumulative amount of no more than

twenty-five hundred dollars.

10. Notwithstanding any contrary provision of law, an award shall

include reasonable transportation expenses incurred for necessary court

appearances in connection with the prosecution of such crimes upon which

the claim is based. For purposes of this subdivision, "necessary court

appearances" shall include but not be limited to any part of a

proceeding from arraignment through sentencing, pre and post trial

hearings and grand jury hearings.

11. Notwithstanding the provisions of subdivisions one, two and three

of this section, an individual who was a victim of either the crime of:

menacing in the second degree as defined in subdivision one of section

120.14 of the penal law; menacing in the third degree as defined in

section 120.15 of the penal law; reckless endangerment in the second

degree as defined in section 120.20 of the penal law; reckless

endangerment in the first degree as defined in section 120.25 of the

penal law; unlawful imprisonment in the first degree as defined in

section 135.10 of the penal law; kidnapping in the second degree as

defined in section 135.20 of the penal law; kidnapping in the first

degree as defined in section 135.25 of the penal law; criminal mischief

in the fourth degree as defined in subdivision four of section 145.00 of

the penal law; robbery in the third degree as defined in section 160.05

of the penal law; robbery in the second degree as defined in subdivision

one, paragraph (b) of subdivision two or subdivision three of section

160.10 of the penal law; robbery in the first degree as defined in

subdivisions two, three and four of section 160.15 of the penal law;

unlawful surveillance in the second degree as defined in section 250.45

of the penal law; or unlawful surveillance in the first degree as

defined in section 250.50 of the penal law who has not been physically

injured as a direct result of such crime shall only be eligible for an

award that includes loss of earnings, the unreimbursed cost of crime

scene cleanup and securing a crime scene, and the unreimbursed costs of

counseling provided to such victim on account of mental or emotional

stress resulting from the incident in which the crime occurred.

12. Notwithstanding the provisions of subdivisions one, two and three

of this section, an individual who was a victim of either the crime of

menacing in the second degree as defined in subdivision two or three of

section 120.14 of the penal law, menacing in the first degree as defined

in section 120.13 of the penal law, criminal obstruction of breathing or

blood circulation as defined in section 121.11 of the penal law,

harassment in the second degree as defined in section 240.26 of the

penal law, harassment in the first degree as defined in section 240.25

of the penal law, aggravated harassment in the second degree as defined

in subdivision three or five of section 240.30 of the penal law,

aggravated harassment in the first degree as defined in subdivision two

of section 240.31 of the penal law, criminal contempt in the first

degree as defined in subdivision (b) or subdivision (c) of section

215.51 of the penal law, or stalking in the fourth, third, second or

first degree as defined in sections 120.45, 120.50, 120.55 and 120.60 of

the penal law, respectively, or unlawful dissemination or publication of

an intimate image as defined in section 245.15 of the penal law, or

dissemination of an unlawful surveillance image in the second or first

degree as defined in sections 250.55 and 250.60 of the penal law,

respectively, or a hate crime as defined in section 485.05 of the penal

law who has not been physically injured as a direct result of such crime

shall only be eligible for an award that includes loss of earning or

support, the unreimbursed cost of repair or replacement of essential

personal property that has been lost, damaged or destroyed as a direct

result of such crime, the unreimbursed cost for security devices to

enhance the personal protection of such victim, the cost of residing at

or utilizing services provided by shelters for battered spouses and

children as provided in subdivision one of section six hundred

twenty-six of this article, transportation expenses incurred for

necessary court appearances in connection with the prosecution of such

crime, the unreimbursed costs of counseling provided to such victim on

account of mental or emotional stress resulting from the incident in

which the crime occurred, the unreimbursed cost of crime scene cleanup

and securing a crime scene, reasonable relocation expenses, and for

occupational or job training. For purposes of this subdivision,

"necessary court appearances" shall include, but not be limited to, any

part of trial from arraignment through sentencing, pre and post trial

hearings and grand jury hearings.

13. * (a) Notwithstanding any other provision of law, rule, or

regulation to the contrary, when any New York state accredited hospital,

accredited sexual assault examiner program, or licensed health care

provider furnishes services to any sexual assault survivor, including

but not limited to a health care forensic examination in accordance with

the sex offense evidence collection protocol and standards established

by the department of health, such hospital, sexual assault examiner

program, or licensed healthcare provider shall provide such services to

the person without charge and shall bill the office directly. The

office, in consultation with the department of health, shall define the

specific services to be covered by the sexual assault forensic exam

reimbursement fee, which must include at a minimum forensic examiner

services, hospital or healthcare facility services related to the exam,

and any necessary related laboratory tests or pharmaceuticals based upon

the department of health's Medicaid reimbursement rates; including but

not limited to HIV post-exposure prophylaxis provided by a hospital

emergency room at the time of the forensic rape examination pursuant to

paragraph (c) of subdivision one of section twenty-eight hundred five-i

of the public health law. The office, in consultation with the

department of health, shall also generate the necessary forms for the

direct reimbursement procedure and regulations setting the usual and

customary rates for the itemized charges related to an exam of a sexual

assault survivor.

* NB Effective until May 9, 2027

* (a) Notwithstanding any other provision of law, rule, or regulation

to the contrary, when any New York state accredited hospital, accredited

sexual assault examiner program, or licensed health care provider

furnishes services to any sexual assault survivor, including but not

limited to a health care forensic examination in accordance with the sex

offense evidence collection protocol and standards established by the

department of health, such hospital, sexual assault examiner program, or

licensed healthcare provider shall provide such services to the person

without charge and shall bill the office directly. The office, in

consultation with the department of health, shall define the specific

services to be covered by the sexual assault forensic exam reimbursement

fee, which must include at a minimum forensic examiner services,

hospital or healthcare facility services related to the exam, and any

necessary related laboratory tests or pharmaceuticals based upon the

department of health's Medicaid reimbursement rates; including but not

limited to HIV post-exposure prophylaxis provided by a hospital

emergency room at the time of the forensic rape examination pursuant to

paragraph (f) of subdivision one of section twenty-eight hundred five-i

of the public health law. The office, in consultation with the

department of health, shall also generate the necessary forms for the

direct reimbursement procedure and regulations setting the usual and

customary rates for the itemized charges related to an exam of a sexual

assault survivor.

* NB Effective May 9, 2027

(b) The rate for reimbursement shall be the amount of itemized

charges, to be reimbursed at the usual and customary rates as

established pursuant to this subdivision and which shall cumulatively

not exceed (1) eight hundred dollars for an exam of a sexual assault

survivor where no sexual offense evidence collection kit is used; (2)

one thousand two hundred dollars for an exam of a sexual assault

survivor where a sexual offense evidence collection kit is used; and (3)

two thousand five hundred dollars for an exam of a sexual assault

survivor, with or without the use of a sexual offense evidence

collection kit, and with the provision of the full regimen of necessary

HIV post-exposure prophylaxis. The hospital, sexual assault examiner

program, or licensed health care provider must accept this fee as

payment in full for these specified services. No additional billing of

the survivor for said services is permissible. A sexual assault survivor

may voluntarily assign any private insurance benefits to which they are

entitled for the healthcare forensic examination, in which case the

hospital or healthcare provider may not charge the office; provided,

however, in the event the sexual assault survivor assigns any private

health insurance benefit, such coverage shall not be subject to annual

deductibles or coinsurance or balance billing by the hospital, sexual

assault examiner program or licensed health care provider. A hospital,

sexual assault examiner program or licensed health care provider shall,

at the time of the initial visit, request assignment of any private

health insurance benefits to which the sexual assault survivor is

entitled on a form prescribed by the office; provided, however, such

sexual assault survivor shall be advised orally and in writing that they

may decline to provide such information regarding private health

insurance benefits if they believe that the provision of such

information would substantially interfere with their personal privacy or

safety and in such event, the sexual assault forensic exam fee shall be

paid by the office. Such sexual assault survivor shall also be advised

that providing such information may provide additional resources to pay

for services to other sexual assault victims. Such sexual assault

survivor shall also be advised that the direct reimbursement program

established by this subdivision does not automatically make them

eligible for any other compensation benefits available from the office

including, but not limited to, reimbursement for mental health

counseling expenses, relocation expenses, and loss of earnings, and that

such compensation benefits may only be made available to them should the

sexual assault survivor or other person eligible to file pursuant to

section six hundred twenty-four of this article, file a compensation

application with the office. If such sexual assault survivor declines to

provide such health insurance information, they shall indicate such

decision on the form provided by the hospital, sexual assault examiner

program or licensed health care provider, which form shall be prescribed

by the office.

14. Notwithstanding any inconsistent provision of this article, where

a victim dies from injuries received as a direct result of the World

Trade Center terrorist attacks on September eleventh, two thousand one,

the office may make an award for the unreimbursed and unreimbursable

expense or indebtedness reasonably incurred for the cost of counseling

for the eligible spouse, grandparents, parents, stepparents, guardians,

brothers, sisters, stepbrothers, stepsisters, children, or stepchildren

of such victim. Any award for such expense incurred on or before

December thirty-first, two thousand seven, shall be made without regard

to the financial difficulty of the claimant.

15. Notwithstanding any inconsistent provision of this article, where

a victim is injured as a direct result of the World Trade Center

terrorist attacks on September eleventh, two thousand one, the office

may make an award for the unreimbursed and unreimbursable expense or

indebtedness reasonably incurred by the claimant for medical care or

counseling services necessary as a result of such injury. Any award for

such expense or indebtedness incurred on or before December

thirty-first, two thousand seven, shall be made without regard to the

financial difficulty of the claimant.

16. Notwithstanding any inconsistent provision of this article, and

without regard to the financial difficulty of the claimant, where a

victim dies from injuries received as a direct result of the World Trade

Center terrorist attacks on September eleventh, two thousand one, the

office may make an award of reasonable burial expenses for such victim.

17. Notwithstanding the provisions of subdivision one of this section,

where a child victim has not been physically injured as a direct result

of a crime or any violation listed in subdivision twelve of this

section, or has witnessed a crime or any violation listed in subdivision

twelve of this section in which no physical injury occurred, the

claimant shall only be eligible for an award that includes the

unreimbursed cost of repair or replacement of essential personal

property of the child victim that has been lost, damaged or destroyed as

a direct result of a crime or any violation listed in subdivision twelve

of this section, transportation expenses incurred by the claimant for

necessary court appearances of the child victim in connection with the

prosecution of such crimes, and, if counseling is commenced within one

year from the date of the incident or its discovery, (1) the

unreimbursed cost of counseling provided to the child victim on account

of mental or emotional stress resulting from the incident in which the

crime or any violation listed in subdivision twelve of this section

occurred, and/or (2) the unreimbursed cost of counseling provided to the

claimant eligible under paragraph (h) of subdivision one of section six

hundred twenty-four of this article and resulting from the incident in

which the crime or any violation listed in subdivision twelve of this

section occurred.

18. Notwithstanding any inconsistent provision of this article and

subject to any applicable maximum award limitations contained in this

section, where a victim has died as a direct result of the crime upon

which the claim is based and the crime occurred in the residence of a

person eligible pursuant to paragraphs (k) and (l) of subdivision one of

section six hundred twenty-four of this article, the office may make no

more than one award for crime scene clean-up related to such residence.