New York Laws
Article 22 - Office of Victim Services
631 - Awards.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, the office shall disregard for this purpose the
responsibility of the victim for his 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 his 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, brothers, sisters 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 his or her own loss of savings.
(g) Notwithstanding the provisions of paragraph (a) of this
subdivision, if the crime upon which the claim is based resulted in the
death of the victim, the office shall determine whether, because of his
or her conduct, the victim of such crime contributed to the infliction
of his or her injury, and the office may reduce the amount of the award
by no more than fifty percent, in accordance with such determination.
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. 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.
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; 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. For a person eighteen years of age or older,
follow-up HIV post-exposure prophylaxis costs shall continue to be
reimbursed according to established office procedure. The office, in
consultation with the department of health, shall also generate the
necessary regulations and forms for the direct reimbursement procedure.
(b) The rate for reimbursement shall be the amount of itemized
charges, to be reimbursed at the Medicaid rate 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;
(3) one thousand five hundred dollars for an exam of a sexual assault
survivor who is eighteen years of age or older, with or without the use
of a sexual offense evidence collection kit, and with the provision of a
necessary HIV post-exposure prophylaxis seven day starter pack; and (4)
two thousand five hundred dollars for an exam of a sexual assault
survivor who is less than eighteen years of age, 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 she or he is 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 he or she may
decline to provide such information regarding private health insurance

benefits if he or she believes that the provision of such information
would substantially interfere with his or her 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 he or she declines to provide such health insurance
information, he or she 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 paragraph (k) 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.