Senate Bill S2733

2023-2024 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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Sponsored By

Current 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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Bill Amendments

co-Sponsors

2023-S2733 - Details

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
2021-2022: S2046

2023-S2733 - Summary

Allows 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 and to sign a written attestation confirming that they have done so.

2023-S2733 - Sponsor Memo

2023-S2733 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2733
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  GALLIVAN,  HELMING, MATTERA, OBERACKER,
   ORTT, PALUMBO, STEC, WEIK -- 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.
                                                            LBD04782-01-3
 S. 2733                             2
              

co-Sponsors

2023-S2733A - Details

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
2021-2022: S2046

2023-S2733A - Summary

Allows 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 and to sign a written attestation confirming that they have done so.

2023-S2733A - Sponsor Memo

2023-S2733A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2733--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  GALLIVAN,  HELMING, MATTERA, OBERACKER,
   ORTT, PALUMBO, STEC, WEIK -- read twice and ordered printed, and  when
   printed  to  be  committed  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  allowing
   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 victim impact statement, unless it
 appears  that such information would be of no relevance to the recommen-
 dation or court disposition, which shall  include  an  analysis  of  the
 victim's  version  of the offense, the extent of 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 availabili-
 ty of such information. 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 arti-
 cle. 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.
                                                            LBD04782-03-3
              

co-Sponsors

2023-S2733B (ACTIVE) - Details

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
2021-2022: S2046

2023-S2733B (ACTIVE) - Summary

Allows 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 and to sign a written attestation confirming that they have done so.

2023-S2733B (ACTIVE) - Sponsor Memo

2023-S2733B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2733--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  GALLIVAN,  HELMING, MATTERA, OBERACKER,
   ORTT, PALUMBO, STEC, WEIK -- read twice and ordered printed, and  when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Codes in  accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to allowing
   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 victim impact statement, unless it
 appears that such information would be of no relevance to the  recommen-
 dation  or  court  disposition,  which  shall include an analysis of the
 victim's version of the offense, the extent of 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 availabili-
 ty of such information. 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  arti-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04782-06-4
              

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