Bill Text: NY A01174 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports where the court deems such inclusion to be appropriate.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A01174 Detail]

Download: New_York-2019-A01174-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1174
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. KOLB, GIGLIO, BARCLAY -- read once and referred
          to the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to victim impact
          statements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (b)  of subdivision 3 of section 390.30 of the
     2  criminal procedure law, as amended by chapter 618 of the laws  of  1992,
     3  is amended to read as follows:
     4    (b) The report shall also contain a victim impact statement, unless it
     5  appears  that such information would be of no relevance to the recommen-
     6  dation or court disposition, which shall  include  an  analysis  of  the
     7  victim's  version  of the offense, the extent of injury or economic loss
     8  and the actual out-of-pocket loss to the victim and  the  views  of  the
     9  victim  relating  to disposition including the amount of restitution and
    10  reparation sought by the victim after the victim has  been  informed  of
    11  the right to seek restitution and reparation, subject to the availabili-
    12  ty of such information. In the case of a homicide or where the victim is
    13  unable  to assist in the preparation of the victim impact statement, the
    14  information may be acquired from the victim's family. Such victim impact
    15  statement may also be acquired from neighborhood watch groups where  the
    16  court  deems  such  statements  to  be  an  appropriate inclusion in the
    17  report. The victim impact statement  shall  be  made  available  to  the
    18  victim  by  the prosecutor pursuant to subdivision two of section 390.50
    19  of this article. Nothing contained in this section shall be  interpreted
    20  to  require that a victim supply information for the preparation of this
    21  report.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04085-01-9
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