Bill Text: NY S01744 | 2015-2016 | General Assembly | Amended


Bill Title: Requires the commissioner of the division of criminal justice services in consultation with the director of the office of victim services to prepare and distribute the notification form for victims of violent felony offenses allowing them to demand to be informed regarding a name change petition by the defendant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-26 - SIGNED CHAP.394 [S01744 Detail]

Download: New_York-2015-S01744-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1744--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2015
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to amend the criminal procedure law, in relation to preparation
         and distribution of the notification form for victims of violent felo-
         ny offenses regarding a name change petition by the defendant
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 6 of section 380.50 of the criminal procedure
    2  law, as amended by chapter 320 of the laws of 2006, is amended  to  read
    3  as follows:
    4    6.  Regardless of whether the victim requests to make a statement with
    5  regard to the defendant's sentence, where the defendant is sentenced for
    6  a violent felony offense as defined in section 70.02 of the penal law or
    7  a felony defined in article one hundred twenty-five of such law  or  any
    8  of the following provisions of such law sections 130.25, 130.30, 130.40,
    9  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   10  135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32, the
   11  prosecutor  shall,  within  sixty  days  of  the imposition of sentence,
   12  provide the victim with a form, PREPARED AND DISTRIBUTED BY THE  COMMIS-
   13  SIONER  OF  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION
   14  WITH THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES, on which the  victim
   15  may  indicate a demand to be informed of any petition to change the name
   16  of such defendant.  Such forms shall be maintained by  such  prosecutor.
   17  Upon  receipt  of  a notice of a petition to change the name of any such
   18  defendant, pursuant to subdivision two of section sixty-two of the civil
   19  rights law, the prosecutor shall promptly notify the victim at the  most
   20  current  address or telephone number provided by such victim in the most
   21  reasonable and expedient possible manner of  the  time  and  place  such
   22  petition will be presented to the court.
   23    S  2.  This  act shall take effect on the thirtieth day after it shall
   24  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03093-05-5
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