Bill Text: NY A03890 | 2019-2020 | General Assembly | Introduced


Bill Title: Enables victims and relatives of victims to view parole hearings via closed circuit television or a secure online website.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A03890 Detail]

Download: New_York-2019-A03890-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3890
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Correction
        AN ACT to amend the executive law and the  criminal  procedure  law,  in
          relation  to  enabling  victims  to  view  parole  hearings via closed
          circuit television or a secure online website
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 259-c of the executive law is amended by adding a
     2  new subdivision 18 to read as follows:
     3    18. permit victims and relatives of victims to view an inmate's parole
     4  hearing relating to their case via closed circuit television or a secure
     5  online website.
     6    § 2. Subdivision 3 of section 641 of the executive law,  as  added  by
     7  chapter  94  of the laws of 1984 and paragraph (d) as amended by chapter
     8  618 of the laws of 1992, is amended to read as follows:
     9    3. Ensure notification  of  victims,  witnesses,  relatives  of  those
    10  victims and witnesses who are minors, and relatives of homicide victims,
    11  if  such persons provide the appropriate official with a current address
    12  and telephone number, either by phone or by mail, if possible, of  judi-
    13  cial proceedings relating to their case, including:
    14    (a) the arrest of an accused;
    15    (b) the initial appearance of an accused before a judicial officer;
    16    (c) the release of an accused pending judicial proceedings; [and]
    17    (d) proceedings in the prosecution of the accused including entry of a
    18  plea  of  guilty,  trial,  sentencing,  but prior to sentencing specific
    19  information shall be provided regarding the right  to  seek  restitution
    20  and  reparation,  and  where a term of imprisonment is imposed, specific
    21  information shall be provided regarding maximum  and  minimum  terms  of
    22  such imprisonment; and
    23    (e) the date and time of any parole hearing as well as the location at
    24  which  the  victim  and  relatives of the victim may view the hearing on
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07840-01-9

        A. 3890                             2
     1  closed circuit television or the secure  online  website  on  which  the
     2  hearing may be viewed.
     3    § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
     4  amended  by  chapter  193  of  the  laws  of 2017, is amended to read as
     5  follows:
     6    1. Upon the request of a victim of a crime, or in  any  event  in  all
     7  cases  in which the final disposition includes a conviction of a violent
     8  felony offense as defined in section 70.02 of the penal  law,  a  felony
     9  defined  in  article  one  hundred  twenty-five of such law, or a felony
    10  defined in article one hundred thirty of such law, the district attorney
    11  shall, within sixty days of the final disposition of  the  case,  inform
    12  the  victim  by letter of such final disposition. If such final disposi-
    13  tion results in the commitment of the defendant to the  custody  of  the
    14  department of corrections and community supervision for an indeterminate
    15  sentence,  the notice provided to the crime victim shall also inform the
    16  victim of his or her right to submit a  written,  audiotaped,  or  vide-
    17  otaped  victim  impact  statement  to  the department of corrections and
    18  community supervision or to meet personally with a member of  the  state
    19  board of parole at a time and place separate from the personal interview
    20  between  a member or members of the board and the inmate and make such a
    21  statement, subject to procedures and limitations contained in  rules  of
    22  the  board,  both  pursuant  to  subdivision  two of section two hundred
    23  fifty-nine-i of the executive law.  A  copy  of  such  letter  shall  be
    24  provided  to  the  board  of  parole. The right of the victim under this
    25  subdivision to submit a written  victim  impact  statement  or  to  meet
    26  personally  with  a  member of the state board of parole applies to each
    27  personal interview between a member or members  of  the  board  and  the
    28  inmate.  The notice to the victim shall also inform the victim of his or
    29  her right to view the defendant's parole hearing on closed circuit tele-
    30  vision or over a secure online website and shall inform  the  victim  of
    31  the intended date and time of the parole hearing as well as the location
    32  or website address at which the victim may view the hearing.
    33    § 4. This act shall take effect immediately.
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