NY Exec L § 621 (2021)
2021 New York Laws EXC - Executive Article 22 - Office of Victim Services 621 - Definitions.

§ 621. Definitions. For the purposes of this article:   1. "Office" shall mean the office of victim services.   2.  "Claimant"  shall  mean the person filing a claim pursuant to this article.   3. "Crime" shall mean (a) an act committed in  New  York  state  which would,  if  committed  by  a  mentally  competent criminally responsible adult, who has no legal exemption or  defense,  constitute  a  crime  as defined in and proscribed by law; or  (b)  an act committed outside the state of New York against a resident of the state of New York which would  be  compensable  had  it  occurred within  the  state  of New York and which occurred in a state which does not have an eligible crime victim compensation program as such  term  is defined in the federal victims of crime act of 1984; or  (c)  an  act  of  terrorism,  as  defined in section 2331 of title 18, United States Code, committed outside of the  United  States  against  a resident of New York state.   4.  "Family", when used with reference to a person, shall mean (a) any person related to such person within the third degree  of  consanguinity or  affinity, (b) any person maintaining a sexual relationship with such person, or (c) any person residing  in  the  same  household  with  such person.   5.  "Victim"  shall  mean  (a)  a person who suffers personal physical injury as a direct result of a crime; (b) a person who is the victim  of either  the  crime  of  (1) unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, (2) kidnapping in the second degree as defined in section 135.20 of the penal law, (3) kidnapping  in the  first  degree  as  defined  in section 135.25 of the penal law, (4) menacing in the first degree as defined in section 120.13 of  the  penal law,  (5)  criminal  obstruction  of  breathing  or blood circulation as defined in section 121.11 of the penal law, (6) harassment in the second degree as defined in section 240.26 of the penal law, (7) harassment  in the  first  degree  as  defined  in section 240.25 of the penal law, (8) aggravated harassment in the second degree  as  defined  in  subdivision three  or  five  of  section  240.30  of  the  penal law, (9) aggravated harassment in the first degree as defined in subdivision two of  section 240.31  of  the penal law, (10) criminal contempt in the first degree as defined in subdivision (b) or subdivision (c) of section 215.51  of  the penal law, (11) 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, (12) labor trafficking as defined in section 135.35 of  the  penal  law, (13)  sex  trafficking as defined in section 230.34 of the penal law; or (14) sex trafficking of a child as defined in section  230.34-a  of  the penal  law;  a vulnerable elderly person or an incompetent or physically disabled person as defined in section 260.31 of the penal law who incurs a loss of savings as defined in subdivision twenty-four of this section; or a person who has had a frivolous lawsuit filed against them.   6. "Representative" shall mean one who represents  or  stands  in  the place  of  another  person,  including  but  not limited to an agent, an assignee, an  attorney,  a  guardian,  a  committee,  a  conservator,  a partner, a receiver, an administrator, an executor or an heir of another person, or a parent of a minor.   7.  "Good  samaritan"  shall  mean  a  person  who,  other  than a law enforcement officer, acts in good faith (a) to apprehend  a  person  who has  committed  a  crime  in his presence or who has in fact committed a felony, (b) to prevent a crime or an attempted crime from occurring,  or (c) to aid a law enforcement officer in effecting an arrest.    8.  "Essential  personal  property"  shall  mean  articles of personal property necessary and essential to the health, welfare or safety of the victim.   9.  "Elderly  victim"  shall mean a person sixty years of age or older who suffers loss, or damage as a direct result of a crime.   10. "Disabled victim" shall mean a person who has (a) physical, mental or medical impairment from  anatomical,  physiological  or  neurological conditions which prevents the exercise of a normal bodily function or is demonstrable  by  medically  accepted  clinical or laboratory diagnostic techniques or (b) a record of such an  impairment  or  (c)  a  condition regarded by others as such an impairment.   11.  For  purposes  of this article "child victim" shall mean a person less than  eighteen  years  of  age  who  suffers  physical,  mental  or emotional  injury,  or  loss or damage, as a direct result of a crime or any violation listed  in  subdivision  twelve  of  section  six  hundred thirty-one  of this article, or as a result of witnessing a crime or any violation listed in subdivision twelve of section six hundred thirty-one of this article.   12. "Frivolous lawsuit" shall mean a lawsuit brought by the individual who committed a crime against the victim  of  the  crime,  found  to  be frivolous,  meritless  and commenced to harass, intimidate or menace the victim by a court and costs were imposed upon the plaintiff pursuant  to section  eighty-three  hundred  three-a  of  the  civil practice law and rules.   13. "Crime scene cleanup" shall mean removing, or attempting to remove from the crime scene, blood,  dirt,  stains,  debris,  odors,  or  other impurities  caused by the crime or the processing of the crime scene and the repair or replacement of permanent  fixtures  and  floor  coverings, soiled,  damaged,  or rendered unusable or uncleanable by the crime, the processing of the crime scene, or by being taken into evidence.   14. "Securing a crime scene" shall mean  taking  immediate,  emergency steps  to  return the residence where the crime occurred to the level of safety present prior to the crime. It shall include, but not be  limited to,  the  repair  or replacement of doors, windows, screens and locks or other points of entry damaged or rendered unusable by the crime.   15. "Livery" shall mean  a  for-hire  vehicle  duly  licensed  by  the appropriate  local  licensing  authority, designed to carry no more than five passengers for direct cash payment by such passenger and  which  is affiliated with a livery car base. The term "livery" shall not include a vehicle  driven  by  a  "black  car operator", as defined in section one hundred sixty-cc of this chapter.   16. "Livery car base" shall mean a central facility, wherever located, that dispatches the  livery  operator  to  both  pick-up  and  discharge passengers in the state.   17.  "Livery operator" shall mean the registered owner of a livery, or a driver designated by such registered owner to operate  the  registered owner's  livery  as  the  registered  owner's authorized designee, whose status as a livery operator victim arose out of and  in  the  course  of providing  services  while  affiliated  with a livery car base. The term "livery operator" shall not include a "black car operator",  as  defined in section one hundred sixty-cc of this chapter.   18.  "Livery  operator  victim"  shall mean a livery operator homicide victim or a livery operator assault victim.   19. "Livery operator assault victim" shall mean a livery operator  who is the victim of a violent felony offense, as defined in subdivision one of  section  70.02 of the penal law, which offense directly results in a serious physical injury, as defined in subdivision ten of section  10.00 of the penal law.    20. "Livery operator homicide victim" shall mean a livery operator who is  the  victim  of  a  homicide,  as  defined  in  article  one hundred twenty-five of the penal law.   21.  "Local licensing authority" shall mean the governmental agency in the state, if any, that is authorized  to  license  a  livery  and/or  a livery car base.   22.  "Financial counselling" shall mean financial services provided by an experienced financial counsellor or adviser which  may  include,  but are  not  limited to: analysis of a victim's financial situation such as income producing  capacity  and  crime  related  financial  obligations, assistance  with  restructuring budget and debt, assistance in accessing insurance,  public  assistance  and  other   benefits,   assistance   in completing  the  financial  aspects  of  victim  impact  statements, and assistance in settling estates and handling guardianship matters.   23. "Relocation expenses" shall mean the cost of  relocating  a  crime victim,  when  relocation  is  necessary for the health or safety of the victim. An award for relocation expenses of a victim shall  include  the reasonable  cost  of  moving  and  transportation  expenses  for (a) the victim, which may include the relocation expenses of  their  spouse  and any  other  person  dependent  for his or her principal support upon the victim or spouse who lives in the same residence as the victim,  or  (b) if  the  victim is a child victim eligible for such an award pursuant to this article,  the  child  victim,  which  may  include  the  relocation expenses  of  their  parent,  stepparent,  guardian and any other person dependent for his or her principal support upon such parent, stepparent, and guardian who lives in the same residence as the child victim.   24. "Loss of savings" shall mean the result of any act  or  series  of acts  of  larceny  as  defined  in article one hundred fifty-five of the penal law,  indicated  by  a  criminal  justice  agency  as  defined  in subdivision  one  of  section six hundred thirty-one of this article, in which cash is stolen from a vulnerable elderly person or an  incompetent or  physically disabled person as defined in section 260.31 of the penal law.   * 25. "Domestic partner" shall mean a  person  who,  with  respect  to another person:  (a)  is  formally  a  party  in  a  domestic  partnership  or  similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local  or  foreign  jurisdiction,  or registered as the domestic partner of the other person with any registry maintained  by  the employer of either party or any state, municipality, or foreign jurisdiction; or  (b) is formally recognized as a beneficiary or  covered  person  under the other person's employment benefits or health insurance; or  (c)  is  dependent  or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating  a mutual  intent  to  be  a domestic partner including but not limited to: common ownership or joint leasing of real or personal  property;  common householding,  shared  income  or  shared  expenses; children in common; signs of intent to marry or become a domestic  partner  under  paragraph (a)  or  (b)  of  this  subdivision;  or  the  length  of  the  personal relationship of the persons.   Each party to a domestic partnership shall be  considered  to  be  the domestic  partner  of  the  other  party.  "Domestic  partner" shall not include a person who is related to the other person by blood in a manner that would bar marriage to the other person in New York state. "Domestic partner" also shall not include any person who  is  less  than  eighteen years  of  age or who is the adopted child of the other person or who is  related by blood in a manner that would bar marriage in New  York  state to a person who is the lawful spouse of the other person.   * NB There are 2 sb 25's   * 25.  "Employment-related  transportation  expenses"  shall  mean the costs in excess of those normally expended by a victim  to  get  to  and from  their  places of employment, due to the personal physical injuries sustained as a direct result of the crime upon which the claim is based. If required by law, such places of employment shall be reported  to  the appropriate taxing authority. Such costs shall not include the purchase, lease or rental of a vehicle.   * NB There are 2 sb 25's