Bill Text: NY S02733 | 2023-2024 | General Assembly | Amended
Bill Title: Allows victim impact statements in New York state be video recorded; requires that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S02733 Detail]
Download: New_York-2023-S02733-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2733--A 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sens. TEDISCO, GALLIVAN, HELMING, MATTERA, OBERACKER, ORTT, PALUMBO, STEC, WEIK -- 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 allowing victim impact statements in New York state be video recorded; and to amend the executive law, in relation to requiring that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing 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 or representative. 15 The victim impact statement shall be made available to the victim by the 16 prosecutor pursuant to subdivision two of section 390.50 of this arti- 17 cle. Nothing contained in this section shall be interpreted to require 18 that a victim supply information for the preparation of this report. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04782-03-3S. 2733--A 2 1 § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as 2 amended by chapter 322 of the laws of 2021, is amended to read as 3 follows: 4 1. Upon the request of a victim of a crime, or in any event in all 5 cases in which the final disposition includes a conviction of a violent 6 felony offense as defined in section 70.02 of the penal law, a felony 7 defined in article one hundred twenty-five of such law, or a felony 8 defined in article one hundred thirty of such law, the district attorney 9 shall, within sixty days of the final disposition of the case, inform 10 the victim by letter of such final disposition. If such final disposi- 11 tion results in the commitment of the defendant to the custody of the 12 department of corrections and community supervision for an indeterminate 13 or combined sentence, the notice provided to the crime victim shall also 14 inform the victim of his or her right to submit a written, audiotaped, 15 or [videotaped] video recorded victim impact statement to the department 16 of corrections and community supervision or to meet [personally] in 17 person or by video conference with a member of the state board of parole 18 at a time and place separate from the personal interview between a 19 member or members of the board and the incarcerated individual and make 20 such a statement, subject to procedures and limitations contained in 21 rules of the board, both pursuant to subdivision two of section two 22 hundred fifty-nine-i of the executive law. A copy of such letter or 23 statement shall be provided to the board of parole and all presiding 24 commissioners for such hearing. The right of the victim under this 25 subdivision to submit a [written] victim impact statement in any format 26 or to meet [personally] in person or by video conference with a member 27 of the state board of parole applies to each personal interview between 28 a member or members of the board and the incarcerated individual. 29 § 3. Subdivision 2 of section 259-i of the executive law is amended by 30 adding a new paragraph (f) to read as follows: 31 (f) Prior to the conduct of any parole hearing as provided in this 32 article, the members of the board and all presiding commissioners for 33 such hearing shall review all victim impact statements relating to the 34 offense or offenses of which the incarcerated individual has been 35 convicted, including victim impact statements provided in connection 36 with the pre-sentencing report and victim impact statements provided 37 directly to the parole board. Failure to review statements as provided 38 in this section shall render such hearing invalid. 39 § 4. This act shall take effect on the ninetieth day after it shall 40 have become a law. Effective immediately the addition, amendment and/or 41 repeal of any rule or regulation necessary for the implementation of 42 this act on its effective date are authorized to be made and completed 43 on or before such date.
