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Governor Andrew M. Cuomo signed legislation Wdnesday allowing victims of domestic violence to seek damages against individuals who fail to obey or enforce an order of protection (S.1868/A.5614); expanding the eligibility for victim compensation to victims of unlawful surveillance crimes who did not suffer a physical injury (S.6167/A.7079); and expanding the definition of 'child victim' to include children who witness a crime to ensure those children are eligible for victim compensation and assistance (S.6353/A.7051).

"New York was one of the first states to provide compensation to crime victims and these new measures will create even greater protections for those who have suffered horrific traumas but who were not physically injured themselves," Cuomo said. "By expanding the eligibility for victim compensation, we are ensuring even more crime victims are reimbursed for expenses incurred while fighting their abusers and have the assistance needed to support their recovery."

Victim Compensation Against Those who Fail to Obey or Enforce an Order of Protection (S.1868/A.5614)
This legislation re-enforces New York's zero-tolerance policy for domestic violence by allowing 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 60 days after becoming law.

Victim Compensation for Unlawful Surveillance Crimes (S.6167/A.7079)
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 180 days after becoming law and applies to all claims filed on or after the effective date.

Victim Compensation for Child Victims Who Witness a Crime (S.6353/ A.7051)
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 180 days after becoming law and applies to all claims filed on or after the effective date.

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