S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6563
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law and the public health law, in relation
   to  requiring  the  notification  of  crime victims of the death of an
   accused
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 641 of the executive law, as added
 by  chapter  94 of the laws of 1984, paragraph (d) as amended by chapter
 618 of the laws of 1992, is amended to read as follows:
   3. Ensure notification  of  victims,  witnesses,  relatives  of  those
 victims and witnesses who are minors, and relatives of homicide victims,
 [if such persons provide the appropriate official with a current address
 and  telephone  number]  UNLESS  SUCH  PERSONS  OPT  NOT TO RECEIVE SUCH
 NOTIFICATION, either by phone or  by  mail,  if  possible,  of  judicial
 proceedings relating to their case, including:
   (a) the arrest of an accused;
   (b) the initial appearance of an accused before a judicial officer;
   (c) the release of an accused pending judicial proceedings; [and]
   (d) proceedings in the prosecution of the accused including entry of a
 plea  of  guilty,  trial,  sentencing,  but prior to sentencing specific
 information shall be provided regarding the right  to  seek  restitution
 and  reparation,  and  where a term of imprisonment is imposed, specific
 information shall be provided regarding maximum  and  minimum  terms  of
 such imprisonment[.]; AND
   (E)  THE DEATH OF THE ACCUSED IF SUCH PERSON DIES DURING PENDING JUDI-
 CIAL PROCEEDINGS OR DURING ANY PERIOD OF INCARCERATION, PAROLE OR  POST-
 RELEASE  SUPERVISION,  OR  WHERE THERE IS AN ORDER OF PROTECTION AGAINST
 THE ACCUSED FOR THE BENEFIT OF ANY VICTIM OR WITNESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10112-03-5
 A. 6563                             2
 
              

   § 2. Paragraph (h) of subdivision 2 of section 646-a of the  executive
 law,  as added by chapter 574 of the laws of 2024, is amended to read as
 follows:
   (h)  the  [requirement] RIGHT of a victim or a surviving family member
 to [register with]  BE  AUTOMATICALLY  NOTIFIED  OF  (I)  A  DEFENDANT'S
 RELEASE FROM A STATE CORRECTIONAL FACILITY, AND (II) PAROLE BOARD INTER-
 VIEWS  WITH  A DEFENDANT, AND THE RESULTS OF ANY SUCH INTERVIEWS; BY the
 department of corrections and community supervision's office  of  victim
 assistance [if, at any time, they want to:
   (i)  be  notified  of  a defendant's release from a state correctional
 facility;
   (ii) be notified of parole board interviews with a defendant, and  the
 results of any such interviews; or
   (iii)],  AND  THE RIGHT TO provide or update a victim impact statement
 to the board of parole; and
   § 3. Section 221-a of the executive law is amended  by  adding  a  new
 subdivision 7 to read as follows:
   7.  THE SUPERINTENDENT SHALL ESTABLISH PROCEDURES FOR THE NOTIFICATION
 OF ANY PARTIES NAMED IN AN ORDER OF PROTECTION ISSUED  PURSUANT  TO  THE
 CRIMINAL PROCEDURE LAW OR THE FAMILY COURT ACT WHO WERE THE VICTIM OF AN
 OFFENSE  OR  A  WITNESS TO SUCH OFFENSE COMMITTED BY THE SUBJECT OF SUCH
 ORDER, UPON THE DEATH OF SUCH PERSON.
   § 4. Section 4140 of the public health law is amended by adding a  new
 subdivision 4 to read as follows:
   4.  THE  COMMISSIONER  AND THE DEPARTMENT OF HEALTH OF THE CITY OF NEW
 YORK SHALL DELIVER TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION'S OFFICE OF  VICTIM  ASSISTANCE  AND  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES,  AT  LEAST  MONTHLY,  RECORDS IN A FORMAT AS MUTUALLY
 DETERMINED BY BOTH AGENCIES, OF THE NAMES OF ALL PERSONS FOR WHOM  DEATH
 CERTIFICATES  WERE  ISSUED.  SUCH RECORDS SHALL BE ARRANGED BY COUNTY OF
 RESIDENCE AND SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND  BIRTH  DATE
 OF EACH SUCH PERSON.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that if chapter 574 of the laws of
 2024 shall not have taken effect on or before such date then section two
 of this act shall take effect on the same date and in the same manner as
 such chapter of the laws of 2024 takes effect.