Assembly Bill A1194

2017-2018 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 - Stricken

  • 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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2017-A1194 (ACTIVE) - Details

See Senate Version of this Bill:
S5220
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4539, S1748
2011-2012: A4990, A9324, S1781
2013-2014: A2409, S476
2015-2016: A89, S3154
2019-2020: S2924
2021-2022: S6647
2023-2024: S1815

2017-A1194 (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.

2017-A1194 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1194
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. SIMANOWITZ, M. G. MILLER, HOOPER -- 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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