Section 631. Awards

1.  No  award  shall be made unless the board or board
  member, as the case may be, 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 board, for good cause shown, finds the delay to have been justified;
  provided,  however,  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 section 230.34 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  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.
    1-a.  No  award shall be made for a frivolous lawsuit unless the board
  or board member, as the case may be, 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.
    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; burial
  expenses not exceeding six thousand dollars of a victim who  died  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; 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.
    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
  paragraph  (b) of subdivision six 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  paragraph  (b)  of
  subdivision  six  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
  board among the claimants.
    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 paragraph (b) of subdivision  six  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  board  or  board
  member,  as  the  case  may  be, shall determine whether, because of his
  conduct, the victim of such crime contributed to the infliction  of  his
  injury,  and  the  board  or board member 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 board or board  member,  as  the  case  may  be,  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 board or board member,
  as the case may be, 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  board  or  the  board member, as the case may be, 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
  board or the board member, as the case may be, may,  without  regard  to
  the  financial  difficulty  of  the  claimant,  make  an  award  for the
  unreimbursed  counseling  expenses  of  the  eligible  spouse,  parents,

  brothers,  sisters  or  children  of  such victim, and/or the reasonable
  burial expenses incurred by the claimant.
    6.  (a)  Claims  may be approved only if the board or board member, as
  the case may be, finds that unless the claimant's award is  approved  he
  will  suffer  financial  difficulty.  However,  no  finding of financial
  difficulty is required for a claim for an emergency award  or  an  award
  less  than  five  thousand dollars. In determining financial difficulty,
  the board or board member 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 board 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 board or board member, 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 board must maintain the same standard of living enjoyed by  the
  claimant prior to the death or injury.
    (e)  The  board  shall  establish  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.
    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 five hundred dollars, except that all
  cash losses of essential personal  property  shall  be  limited  to  the
  amount of one 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.
    11.  Notwithstanding the provisions of subdivisions one, two and three
  of this section, an individual who was a victim of either the  crime  of
  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 or kidnapping in the first degree as defined in
  section 135.25 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  or  support  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, harassment in the second  degree  as
  defined  in subdivision two or three of 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  four  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 paragraph (ii) or (iv) of 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,  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, transportation expenses incurred for necessary court expenses 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,
  reasonable relocation expenses, and for occupational or job training.
    13. 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  board  directly.  The  board,  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
  related   laboratory   tests   and   pharmaceuticals.   Follow-up    HIV
  post-exposure   prophylaxis   costs  shall  continue  to  be  reimbursed
  according to established board procedure.  The  board,  in  consultation
  with  the  department  of  health,  shall  also  generate  the necessary
  regulations and forms for the direct reimbursement procedure.  The  rate
  for  reimbursement shall be the amount of itemized charges not exceeding
  eight hundred dollars, to be reviewed and adjusted annually by the board
  in consultation with the department  of  health.  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
  board.  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  board;
  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 board. 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.  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 board.
    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 board or the board member, as the case may be, 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 board or
  the board member, as the  case  may  be,  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
  board  or  the  board  member,  as the case may be, 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  has  witnessed  a  crime  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, 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 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 occurred.