Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 02, 2009 |
referred to codes |
Senate Bill S1465
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S1465 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §440.50, CP L; amd §259-i, Exec L
- Versions Introduced in 2011-2012 Legislative Session:
-
S733
2009-S1465 (ACTIVE) - Summary
Requires that the district attorney inform the victim of a crime of such victim's right to personally or by representative appear, where the crime victim is deceased or is mentally or physically incapacitated, and be heard at the defendant's parole hearing; establishes qualifications to be a crime victim's representative.
2009-S1465 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1465 TITLE OF BILL : An act to amend the criminal procedure law and the executive law, in relation to appearance of a victim at parole hearings PURPOSE : To provide the victim of a crime the opportunity to personally appear and give oral testimony at parole board hearings for the person convicted of the crime. SUMMARY OF PROVISIONS : Amends Criminal Procedure Law § 440.50 and the Executive Law § 259-i(2) to include the right of the victim of a crime to appear and be heard at parole hearings. EXISTING LAW : Present law allows the person guilty of the crime to appear at the parole board hearing and for the victim either to submit a written statement or to meet before the parole hearing with a member of the panel. This bill would allow the victim or victim's representatives to appear and be heard at the parole hearing itself. JUSTIFICATION : The victim of a crime deserves a voice in our criminal justice system
2009-S1465 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1465 2009-2010 Regular Sessions I N S E N A T E February 2, 2009 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the executive law, in relation to appearance of a victim at parole hearings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 440.50 of the criminal procedure law, as amended by chapter 186 of the laws of 2005, is amended to read as follows: 1. Upon the request of a victim of a crime, or in any event in all cases in which the final disposition includes a conviction of a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law, the district attorney shall, within sixty days of the final disposition of the case, inform the victim by letter of such final disposition. If such final disposition results in the commitment of the defendant to the custody of the department of correctional services for an indeterminate sentence, the notice provided to the crime victim shall also inform the victim of his or her right to (I) submit a written, audiotaped, or videotaped victim impact statement to the state division of parole or to meet personally with a member of the state board of parole at a time and place separate from the personal interview between a member or members of the board and the inmate and make such a statement, subject to proce- dures and limitations contained in rules of the board, [both] AND (II) APPEAR AND BE HEARD AT THE PAROLE HEARING pursuant to subdivision two of section two hundred fifty-nine-i of the executive law. The right of the victim under this subdivision to submit a written victim impact state- ment or to meet personally with a member of the state board of parole applies to each personal interview between a member or members of the board and the inmate. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04962-01-9
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