Senate Bill S4768

2023-2024 Legislative Session

Creates an appeals process for the district attorney

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Local Government 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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2023-S4768 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Amd §700, County L; amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8327
2019-2020: S3179
2021-2022: S6161

2023-S4768 (ACTIVE) - Summary

Relates to creating an appeals process for the district attorney in the county where the crime was committed where family members of a victim or persons residing in a county where an offender committed a crime can appeal the board's decision to release the offender if the offender committed certain criminal offenses.

2023-S4768 (ACTIVE) - Sponsor Memo

2023-S4768 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4768
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the county law and the executive  law,  in  relation  to
   creating an appeals process for the district attorney
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 700 of the county law is amended by  adding  a  new
 subdivision 14 to read as follows:
   14.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 THE RELEASE OF A PERSON BY THE PAROLE BOARD, A VICTIM, FAMILY MEMBERS OF
 A VICTIM OR PERSONS RESIDING IN THE  SAME  COUNTY  WHERE  SUCH  RELEASED
 PERSON  COMMITTED  THE  OFFENSE, MAY APPEAL SUCH RELEASE TO THE DISTRICT
 ATTORNEY IN THE COUNTY WHERE  THE  CRIME  WAS  COMMITTED  TO  REQUEST  A
 REVERSAL  OF THE RELEASE DECISION.  THIS SUBDIVISION SHALL ONLY APPLY TO
 PERSONS RELEASED BY THE BOARD THAT HAVE SERVED A SENTENCE FOR AN OFFENSE
 DEFINED IN SECTION 125.20, 125.25, 130.25,  130.30,  OR  130.35  OF  THE
 PENAL  LAW,  OR IS A LEVEL THREE SEX OFFENDER AS DETERMINED BY THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES. FOR  PURPOSES  OF  THIS  SUBDIVISION,
 "FAMILY  MEMBER"  SHALL  MEAN A HUSBAND, WIFE, FATHER, MOTHER, DAUGHTER,
 SON, BROTHER, SISTER, STEPPARENT, GRANDPARENT, STEPCHILD, OR GRANDCHILD.
   § 2. Section 259-c of the executive law is amended  by  adding  a  new
 subdivision 18 to read as follows:
   18.  ASSIST  LOCAL  DISTRICT  ATTORNEY OFFICES WITH THE APPEAL PROCESS
 ESTABLISHED UNDER SUBDIVISION FOURTEEN OF SECTION SEVEN HUNDRED  OF  THE
 COUNTY LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08738-01-3

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