Bill Text: NY A06459 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 and to sign a written attestation confirming that they have done so.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-05-22 - reported referred to rules [A06459 Detail]

Download: New_York-2023-A06459-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6459

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 11, 2023
                                       ___________

        Introduced  by  M. of A. McDONALD, BRABENEC -- read once and referred to
          the Committee on Codes

        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.
    19    § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
    20  amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
    21  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04782-04-3
        A. 6459                             2

     1    1. Upon the request of a victim of a crime, or in  any  event  in  all
     2  cases  in which the final disposition includes a conviction of a violent
     3  felony offense as defined in section 70.02 of the penal  law,  a  felony
     4  defined  in  article  one  hundred  twenty-five of such law, or a felony
     5  defined in article one hundred thirty of such law, the district attorney
     6  shall,  within  sixty  days of the final disposition of the case, inform
     7  the victim by letter of such final disposition. If such  final  disposi-
     8  tion  results  in  the commitment of the defendant to the custody of the
     9  department of corrections and community supervision for an indeterminate
    10  or combined sentence, the notice provided to the crime victim shall also
    11  inform the victim of his or her right to submit a  written,  audiotaped,
    12  or [videotaped] video recorded victim impact statement to the department
    13  of  corrections  and  community  supervision  or to meet [personally] in
    14  person or by video conference with a member of the state board of parole
    15  at a time and place separate  from  the  personal  interview  between  a
    16  member  or members of the board and the incarcerated individual and make
    17  such a statement, subject to procedures  and  limitations  contained  in
    18  rules  of  the  board,  both  pursuant to subdivision two of section two
    19  hundred fifty-nine-i of the executive law. A  copy  of  such  letter  or
    20  statement  shall  be  provided  to the board of parole and all presiding
    21  commissioners for such hearing. The  right  of  the  victim  under  this
    22  subdivision  to submit a [written] victim impact statement in any format
    23  or to meet [personally] in person or by video conference with  a  member
    24  of  the state board of parole applies to each personal interview between
    25  a member or members of the board and the incarcerated individual.
    26    § 3. Subdivision 2 of section 259-i of the executive law is amended by
    27  adding a new paragraph (f) to read as follows:
    28    (f) Prior to the conduct of any parole hearing  as  provided  in  this
    29  article,  the  members  of the board and all presiding commissioners for
    30  such hearing shall review all victim impact statements relating  to  the
    31  offense  or  offenses  of  which  the  incarcerated  individual has been
    32  convicted, including victim impact  statements  provided  in  connection
    33  with  the  pre-sentencing  report  and victim impact statements provided
    34  directly to the parole board.  Failure to review statements as  provided
    35  in this section shall render such hearing invalid.
    36    §  4.  This  act shall take effect on the ninetieth day after it shall
    37  have become a law. Effective immediately the addition, amendment  and/or
    38  repeal  of  any  rule  or regulation necessary for the implementation of
    39  this act on its effective date are authorized to be made  and  completed
    40  on or before such date.