Assembly Bill A9074A

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2021-A9074 - Details

See Senate Version of this Bill:
S6647
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1748
2011-2012: S1781
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2023-2024: A2724, S1815
2025-2026: A59

2021-A9074 - Summary

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

2021-A9074 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9074
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- 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 chapter 322 of the laws of 2021, 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, a felony
 defined in article one hundred twenty-five of  such  law,  or  a  felony
 defined  in  article  one  hundred thirty 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  indeter-
 minate  sentence,  the  notice  provided  to the crime victim shall also
 inform the victim of his or her right to submit a  written,  audiotaped,
 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 separate from] the
 personal interview between a member or members  of  the  board  and  the
 incarcerated individual 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. A
 copy of such letter shall be provided to the board of parole. 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 incarcerated individual.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A9074A (ACTIVE) - Details

See Senate Version of this Bill:
S6647
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1748
2011-2012: S1781
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2023-2024: A2724, S1815
2025-2026: A59

2021-A9074A (ACTIVE) - Summary

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

2021-A9074A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9074--A
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO, GRIFFIN, WOERNER, JONES -- read
   once and referred to the Committee on Codes --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   victims  be  informed of their right to make a victim impact statement
   to the division of parole and to appear 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 322 of the laws of 2021, 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, a felony
 defined in article one hundred twenty-five of  such  law,  or  a  felony
 defined  in article one hundred thirty of such law, the] IN ALL CASES IN
 WHICH THE FINAL DISPOSITION INCLUDES A CONVICTION, THE district attorney
 shall, within sixty days of [the] SUCH final disposition [of the  case],
 inform  the  victim by letter of such [final disposition] CONVICTION. 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 at a time and  place  separate  from
 the  personal interview between a member or members of the board and the
 incarcerated individual 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.  A
 copy  of such letter shall be provided to the board of parole. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.