Governor Signs Package of Crime Victim Protection Bills

August 26th, 2019

• S.1868/A.5614 – Allows victims of domestic violence to seek damages against individuals who fail to obey or enforce an order of protection. This legislation will allow victims of domestic violence to recover monetary and non-monetary damages from any defendant found liable by a court or jury, after a trial on the merits of the action, of failing to obey or enforce an order of protection. The legislation also gives victims the same access to any liable defendant for full compensation for serious psychological and social harm, not just for medical expenses and lost wages. The bill will take effect on October 20, 2019.

• S.6167/A.7079 – Expands the eligibility for victim compensation to victims of unlawful surveillance crimes who did not suffer a physical injury. This legislation expands the eligibility for victim compensation to crime victims who did not suffer a physical injury, but were victims of the crimes of unlawful surveillance in the first or second degrees and dissemination of an unlawful surveillance image in the first or second degrees. Under previous law, a victim must have been physically injured during a crime to be eligible for compensation, including loss of earnings; unreimbursed costs of security devices and mental health counseling; costs of residing at or utilizing services provided by shelters for battered spouses and children; and transportation expenses incurred for necessary court appearances in connection with the prosecution of the crime. The bill will take effect on February 17, 2020 and applies to all claims filed on or after the effective date.

• S.6353/A.7051 – Expands the definition of “child victim” to include children who witness a crime to ensure those children are eligible for victim compensation and assistance. This legislation expands the definition of “child victim” to include victims less than 18 years old, who suffer physical, mental or emotional injury, loss or damage as a result of any violation committed against or witnessed by a child. Under previous law, a child must have been a victim of a crime in order to be eligible for crime-related expenses or assistance through the Office of Victim Services. This legislation ensures children who witness a violation committed against somebody else, but are not victims of the crime themselves, are eligible for compensation and assistance. The bill will take effect on February 17, 2020 and applies to all claims filed on or after the effective date.

• A5618/S1040 – Expands employment nondiscrimination protections for victims of domestic violence. Current law does not explicitly say what protections and accommodations an employer must provide victims of domestic violence. This new law addresses that issue by listing the reasons an employer would need to allow a victim time off, including medical attention, victim services including for domestic violence or rape crisis, counseling, safety planning or relocation, and seeking legal services or cooperating with prosecution or appearing in court. The victim must be allowed to charge time if they have it available. The new law also expands the definition of victims of domestic violence. The bill will take effect on November 18, 2019.