NY State Senate Bill 2023-S4318

Senate Bill S4318

2023-2024 Legislative Session

Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Feb 07, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S4318 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7953
2015-2016: S3388
2017-2018: S2819
2019-2020: S3268
2021-2022: S5608

2023-S4318 (ACTIVE) - Summary

Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole.

2023-S4318 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4318

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the executive law, in relation to the retaking of
certain persons absconding from parole or other conditional release

 
PURPOSE OR GENERAL IDEA OF BILL:

Enacts "Cesar's Law" to require the retaking of parolees who abscond
from the supervision of the State Board of Parole.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one is the short title, "Cesar's Law"

Section two amends paragraph (i) of subdivision? of section 259-I of the
executive law, as amended by section 384-1 of subpart A of part C of
chapter 62 of the laws of 2011.

Section three is an immediate effective date.

 
JUSTIFICATION:

This legislation would create "Cesar's Law". Cesar Sanchez was a 20 year
old young man who was shot outside the Berry Houses complex on Staten
Island where he resided. He died two days later from his injuries. The
suspect in the case was currently listed as an absconder. The suspect
was released on parole in September 2011 after serving six years in
prison upon pleading guilty to a lesser charge of attempted manslaughter
for killing 18 year old Joseph Lopez in 2005. Had authorities acted on
catching this parole violator, this tragedy would have never occurred.
This legislation would require that local law enforcement be notified
when A person is delinquent in reporting to their parole officer and
that such law enforcement agency apprehend the absconder to protect the
public from being harmed from the felons.

 
PRIOR LEGISLATIVE HISTORY:

2022: S.5608 - Referred to Crime Victims/A.2187 - Referred to Correction

2021: S.5608 - Referred to Crime Victims/A.2187 - Referred to Correction

2020: S.3268 - Referred to Crime Victims/A.7035 - Referred to Correction

2019: S.3268 - Referred to Crime Victims/A.7035 - Referred to Correction

2018: S.2819 - Passed Senate / A.3159 - Referred to Correction

2017: S.2819 - Passed Senate / A.3159 - Referred to Correction

2016: S.3388 - Passed Senate / A.7217 - Reported to Codes

2015: S.3388 - Passed Senate / A.7217 - Referred to Correction

2014: S.7953 - Referred to Rules

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Immediately.

2023-S4318 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4318
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sens.  LANZA, HELMING -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Crime  Victims,
   Crime and Correction
 
 AN  ACT  to  amend  the  executive  law,  in relation to the retaking of
   certain persons absconding from parole or other conditional release

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Cesar's law".
   § 2. Paragraph (i) of subdivision 3 of section 259-i of the  executive
 law,  as  amended by section 38-f-1 of subpart A of part C of chapter 62
 of the laws of 2011, is amended to read as follows:
   (i) Where there is reasonable cause  to  believe  that  a  presumptive
 releasee,  parolee,  conditional  releasee  or person under post-release
 supervision has absconded from supervision the board [may] SHALL declare
 such person to be delinquent AND A  WARRANT  SHALL  BE  ISSUED  FOR  THE
 RETAKING OF SUCH PERSON AND FOR HIS OR HER TEMPORARY DETENTION ACCORDING
 TO  THE  RULES  OF THE BOARD, AND THE BOARD SHALL IMMEDIATELY NOTIFY THE
 LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE LOCALITY IN WHICH SUCH
 ABSCONDER RESIDES. This paragraph shall not be construed  to  deny  such
 person a preliminary revocation hearing upon his OR HER retaking, nor to
 relieve  the  department  of  any obligation it may have to exercise due
 diligence to retake the alleged absconder, nor to relieve the parolee or
 releasee of any obligation he OR SHE may have to comply with the  condi-
 tions of his OR HER release.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07803-01-3

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Senate Bill S4318

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Sponsored By

Andrew J. Lanza