2023 New York Laws › EXC - Executive › Article 22 - Office of Victim Services › 631 - Awards.

§ 631. Awards.  * 1.  No  award  shall be made unless the office finds
that (a) a crime was committed, (b)  such  crime  directly  resulted  in
personal  physical  injury  to  or  the  exacerbation  of  a preexisting
disability, or condition, or death of,  the  victim,  and  (c)  criminal
justice agency records show that such crime was promptly reported to the
proper  authorities;  and  in  no  case  may  an award be made where the
criminal justice agency records show that such report was made more than
one week after the occurrence of such crime unless the office, for  good
cause shown, finds the delay to have been justified. Notwithstanding the
foregoing  provisions of this subdivision, in cases involving an alleged
sex offense as contained in article one hundred thirty of the penal  law
or  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal
law or labor trafficking as defined in section 135.35 of the  penal  law
or  sex  trafficking  as  defined in sections 230.34 and 230.34-a of the
penal law or an offense chargeable as a family offense as  described  in
section  eight  hundred twelve of the family court act or section 530.11
of the criminal procedure law, the criminal justice agency  report  need
only be made within a reasonable time considering all the circumstances,
including  the  victim's  physical,  emotional  and mental condition and
family situation.  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 provided, however, that in cases involving such sex offense or
family offense a criminal justice agency shall also mean a family court,
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.
* NB Effective until December 31, 2025
* 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.
* NB Effective December 31, 2025
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.
* NB Effective December 31, 2025
* 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.
* NB Effective December 31, 2025
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 six 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) In determining  the  amount  of  an  award,  the  office  shall
determine  whether,  because  of  his  conduct, the victim of such crime
contributed to the infliction of his 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 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.