Assembly Bill A89

2015-2016 Legislative Session

Requires victims be notified of right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement

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Archive: Last Bill Status - In Assembly 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

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2015-A89 (ACTIVE) - Details

See Senate Version of this Bill:
S3154
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง440.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4539, S1748
2011-2012: A4990, A9324, S1781
2013-2014: A2409, S476
2017-2018: A1194, S5220
2019-2020: S2924
2021-2022: S6647
2023-2024: S1815

2015-A89 (ACTIVE) - Summary

Requires the district attorney to notify victims by letter of the final disposition of the case within sixty days of such disposition; such letter shall also notify victims of their right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement.

2015-A89 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   89

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
  victims  be informed of right to make victim impact statement to divi-
  sion of parole and to appear at parole hearing

  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 section 80 of subpart B of part C of  chapter  62  of
the laws of 2011, 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]  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 corrections and community supervision for
an indeterminate sentence, the notice provided to the crime victim shall
also inform the victim of his or her right to submit a  written,  audio-
taped,  or  videotaped  victim  impact  statement  to  the department of
corrections and community supervision or to [meet]  personally  [with  a
member  of  the state board of parole] APPEAR at [a time and place sepa-
rate from] the personal interview between a member  or  members  of  the
board  and  the  inmate and make such a statement, subject to procedures
and limitations contained in rules of the board, both pursuant to subdi-
vision 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  statement 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.
  S 2. This act shall take effect immediately.

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