§ 631. Awards. 1. (a) No award shall be made unless the office finds\nthat: (i) a crime was indicated by the records of a support agency for\nsurvivors of crime or the records of a criminal justice agency; (ii)\nsuch crime directly resulted in personal physical injury to or the\nexacerbation of a preexisting disability, or condition, or death of, the\nvictim; and (iii) the records of a support agency for survivors of crime\nor the records of a criminal justice agency show that such crime was\nreported.\n (b) For the purposes of this subdivision, "criminal justice agency"\nshall include, but not be limited to, a police department, a district\nattorney's office, and any other governmental agency having\nresponsibility for the enforcement of the criminal laws of the state.\n (c) For the purposes of this subdivision a "support agency for\nsurvivors of crime" or any derivative term thereof shall include:\n (i) a governmental agency responsible for child and/or adult\nprotective services pursuant to title six of article six of the social\nservices law and/or title one of article nine-B of the social services\nlaw, and any medical facility established under the laws of the state\nthat provides a forensic physical examination for victims of rape and\nsexual assault; or\n (ii) in cases involving any sex offense or family offense a support\nagency for survivors of crime shall also include a family court; or\n (iii) in cases where a physically injured claimant and/or victim is\nunable to report to or otherwise cooperate with a criminal justice\nagency because of the victim's age, physical condition, psychological\nstate, cultural or linguistic barriers, or any other health or safety\nconcern that jeopardizes the victim's wellbeing, a support agency for\nsurvivors of crime shall also include:\n (A) a court which issued a temporary or permanent restraining order or\nprotective order against the party or parties alleged to have committed\nthe crime against the victim, or\n (B) a "victim services provider" which shall mean a city or state\ncontracted victim service provider who has provided services to the\nvictim of the crime, or other eligible claimants as identified in\nsection six hundred twenty-four of this article, or a licensed medical\nor mental health services provider providing care to a victim of crime\nwithin their licensed discipline and who can attest that the victim of a\ncrime suffered a personal physical injury related to or connected to the\ncrime upon which the claim is based.\n 1-a. No award shall be made for a frivolous lawsuit unless the office\nfinds that the victim has been awarded costs pursuant to section\neighty-three hundred three-a of the civil practice law and rules and the\nindividual responsible for the payment of costs is unable to pay such\ncosts provided, however, that in no event shall the amount of such costs\nexceed two thousand five hundred dollars.\n 1-b. Where supporting evidence under subdivision one of this section\nis provided by any victim services provider, pursuant to clause (B) of\nsubparagraph (iii) of paragraph (c) of subdivision one of this section,\n(a) a provider which is a city or state contracted victim service\nprovider shall attest that (i) such provider and any entity associated\nwith such provider does not have a pecuniary interest in the outcome of\nthe claim, but if so, (ii) a referral shall be made from such provider\nand any entity associated with such provider immediately upon the\ndecision of the office, and (iii) it is understood that no contractual\nreimbursements or other payments shall be made by the office to the\nprovider and any entity associated with such provider for any crime\nrelated services provided to that victim after such decision by the\noffice, and (b) all victim services providers, pursuant to clause (B) of\nsubparagraph (iii) of paragraph (c) of subdivision one of this section\nshall also attest that the victim's injuries are the result of a crime.\
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