Bill Text: NY S04127 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires that all victim impact statements in New York state be video recorded; and 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 10-0)

Status: (Introduced) 2019-03-01 - REFERRED TO CODES [S04127 Detail]

Download: New_York-2019-S04127-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4127
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 1, 2019
                                       ___________
        Introduced by Sens. TEDISCO, GALLIVAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes
        AN  ACT  to  amend  the criminal procedure law, in relation to requiring
          that all 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  video  recorded  victim  impact
     5  statement,  unless it appears that such information would be of no rele-
     6  vance to the recommendation or court disposition, which shall include an
     7  analysis of the victim's version of the offense, the extent of physical,
     8  emotional or psychological injury or economic loss and the  actual  out-
     9  of-pocket  loss  to  the  victim and the views of the victim relating to
    10  disposition including the amount of restitution and reparation sought by
    11  the victim after the victim has been  informed  of  the  right  to  seek
    12  restitution and reparation, subject to the availability of such informa-
    13  tion.  In the case of a homicide or where the victim is unable to assist
    14  in the preparation of the victim impact statement, the  information  may
    15  be  acquired  from  the  victim's  family  or representative. The victim
    16  impact statement shall be made available to the victim by the prosecutor
    17  pursuant to subdivision two of section 390.50 of this  article.  Nothing
    18  contained  in this section shall be interpreted to require that a victim
    19  supply information for the preparation of this report.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10039-01-9

        S. 4127                             2
     1    § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
     2  amended by chapter 193 of the laws  of  2017,  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,]  an  audio-
    15  taped,  telephonic,  or [videotaped] video recorded victim impact state-
    16  ment to the department of corrections and community  supervision  or  to
    17  meet personally with a member of the state board of parole at a time and
    18  place  separate  from the personal interview between a member or members
    19  of the board and the inmate and make such a statement, subject to proce-
    20  dures and limitations contained in rules of the board, both pursuant  to
    21  subdivision  two  of  section  two hundred fifty-nine-i of the executive
    22  law. A copy of such [letter] statement shall be provided to the board of
    23  parole and all presiding commissioners for such hearing.  The  right  of
    24  the  victim  under  this subdivision to submit a [written] victim impact
    25  statement in any format or to meet personally with a member of the state
    26  board of parole applies to each personal interview between a  member  or
    27  members of the board and the inmate.
    28    § 3. Subdivision 2 of section 259-i of the executive law is amended by
    29  adding a new paragraph (f) to read as follows:
    30    (f)  Prior  to  the  conduct of any parole hearing as provided in this
    31  article, the members of the board and all  presiding  commissioners  for
    32  such  hearing  shall review all victim impact statements relating to the
    33  offense or offenses of which the inmate has  been  convicted,  including
    34  victim  impact statements provided in connection with the pre-sentencing
    35  report and victim impact statements  provided  directly  to  the  parole
    36  board.  All  victim  impact  statements  provided directly to the parole
    37  board shall be video recorded.  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.
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