NY State Senate Bill 2021-S2046

Senate Bill S2046

2021-2022 Legislative Session

Requires that all victim impact statements in New York state be video recorded; requires that the members of the parole board review all relevant victim impact statements prior to the conduct of a parole hearing

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 19, 2021	referred to codes

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2021-S2046 (ACTIVE) - Details

See Assembly Version of this Bill:: A5335
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§390.30 & 440.50, CP L; amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4127, A6583
2023-2024: S2733, A5548
2025-2026: S24

2021-S2046 (ACTIVE) - Summary

Requires that all 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.

2021-S2046 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2046

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
that all 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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure all victim impact statements in
New York state be video recorded, and require that the members of the
parole board review all relevant victim impact statements prior to the
conduct of a parole hearing

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 1. Paragraph (b) of subdivision 3 of section 390.30 of the criminal
procedure law, as amended by chapter 618 of the laws of 1992, is amended
by adding video recording, "physical, emotional and psychological" inju-
ry and a "representative" to the report provided to parole boards.

§ 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended by chapter 193 of the laws of 2017 provides additional guide-
lines for the provision of statements to commissioners.

§ 3. Subdivision 2 of section 259-i of the executive law is amended by
adding a new paragraph (f) to read as follows:

(f) Prior to the conduct of any parole hearing as provided in this arti-
cle, the member of the board and all presiding commissioners f or such
hearing shall review all victim impact statements relating to the
offense or offenses of which the inmate has been convicted, including
victim impact statements provided in connection with the pre-sentencing
report and victim impact statements provided directly to the parole
board. All victim impact statements provided directly to the parole
board shall be video recorded. Failure to review statements as provided
in this section shall render such hearing invalid.

 
JUSTIFICATION:

During a legislative hearing in the fall of 2018, we as lawmakers heard
some powerful testimony on the need for reforming the parole system and
making it more responsive to crime victims and their families.

Among those testifying were Regina and Michael Stewart of Clifton Park,
the parents of the late Christopher F. Stewart, who was tragically
killed in 2012 by a drunk, drugged and dangerous driver.

Stewart was 17 years-old and co-captain of the Shenendehowa Football
Team. Shen student Deanna Rivers also lost her life in the incident and
students Matthew Hardy and Bailey Wind were seriously injured.

While the individual who killed Christopher Stewart and Deanna Rivers
was recently denied parole, he will be up for another parole hearing in
two years, causing further anguish for the families who will have to go
through the process again.

Shockingly, when victims and families give their impact statements to
the Parole Board, they only speak to one board member, with no guarantee
that individual will be on the three-person panel that makes the deci-
sion as to whether to grant parole or not. This frustrating situation is
faced by all crime victims and their families who want to make their
voices heard to the Parole Board.  This legislation will give more tools
to parole boards, so they are better equipped to make critical decisions
that ultimately affect public safety.

 
PRIOR LEGISLATIVE HISTORY:

03/01/19: S.4127 REFERRED TO CODES
01/08/20: S.4127 REFERRED TO CODES

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately the addition, amendment and/o r
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

2021-S2046 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2046
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sens. TEDISCO, GALLIVAN, HELMING, JORDAN, ORTT, SERINO --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to requiring
   that all 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:
 
   Section 1. Paragraph (b) of subdivision 3 of  section  390.30  of  the
 criminal  procedure  law, as amended by chapter 618 of the laws of 1992,
 is amended to read as follows:
   (b) The report shall also  contain  a  VIDEO  RECORDED  victim  impact
 statement,  unless it appears that such information would be of no rele-
 vance to the recommendation or court disposition, which shall include an
 analysis of the victim's version of the offense, the extent of PHYSICAL,
 EMOTIONAL OR PSYCHOLOGICAL injury or economic loss and the  actual  out-
 of-pocket  loss  to  the  victim and the views of the victim relating to
 disposition including the amount of restitution and reparation sought by
 the victim after the victim has been  informed  of  the  right  to  seek
 restitution and reparation, subject to the availability of such informa-
 tion.  In the case of a homicide or where the victim is unable to assist
 in the preparation of the victim impact statement, the  information  may
 be  acquired  from  the  victim's  family  OR REPRESENTATIVE. The victim
 impact statement shall be made available to the victim by the prosecutor
 pursuant to subdivision two of section 390.50 of this  article.  Nothing
 contained  in this section shall be interpreted to require that a victim
 supply information for the preparation of this report.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04234-01-1

 S. 2046                             2
 
   § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
 amended by chapter 193 of the laws  of  2017,  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 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  disposi-
 tion  results  in  the commitment of the defendant to the custody of the
 department of corrections and community supervision for an indeterminate
 OR COMBINED sentence, the notice provided to the crime victim shall also
 inform the victim of his or her right to submit [a written,]  AN  audio-
 taped,  TELEPHONIC,  or [videotaped] VIDEO RECORDED victim impact state-
 ment 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 inmate and make such a statement, subject to proce-
 dures and limitations contained in rules of the board, both pursuant  to
 subdivision  two  of  section  two hundred fifty-nine-i of the executive
 law. A copy of such [letter] STATEMENT shall be provided to the board of
 parole AND ALL PRESIDING COMMISSIONERS FOR SUCH HEARING.  The  right  of
 the  victim  under  this subdivision to submit a [written] victim impact
 statement IN ANY FORMAT 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.
   § 3. Subdivision 2 of section 259-i of the executive law is amended by
 adding a new paragraph (f) to read as follows:
   (F)  PRIOR  TO  THE  CONDUCT OF ANY PAROLE HEARING AS PROVIDED IN THIS
 ARTICLE, THE MEMBERS OF THE BOARD AND ALL  PRESIDING  COMMISSIONERS  FOR
 SUCH  HEARING  SHALL REVIEW ALL VICTIM IMPACT STATEMENTS RELATING TO THE
 OFFENSE OR OFFENSES OF WHICH THE INMATE HAS  BEEN  CONVICTED,  INCLUDING
 VICTIM  IMPACT STATEMENTS PROVIDED IN CONNECTION WITH THE PRE-SENTENCING
 REPORT AND VICTIM IMPACT STATEMENTS  PROVIDED  DIRECTLY  TO  THE  PAROLE
 BOARD.  ALL  VICTIM  IMPACT  STATEMENTS  PROVIDED DIRECTLY TO THE PAROLE
 BOARD SHALL BE VIDEO RECORDED.  FAILURE TO REVIEW STATEMENTS AS PROVIDED
 IN THIS SECTION SHALL RENDER SUCH HEARING INVALID.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law. Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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