BILL NUMBER: S6814

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to notification of crime victims of the death of the accused.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the executive law to ensure notification of
victims, witnesses, relatives of those victims and witnesses who are
minors, and relatives of homicide victims, unless such persons opt not
to receive such notifications either by phone or mail.  Notifications
would include the arrest of an accused, the initial appearance of an
accused before a judicial officer, the release of an accused pending
judicial proceeding, and the 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, where a term of imprisonment is
imposed. Additionally, the death of the accused if such person dies
during a pending judicial proceeding or 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.

Section 2 amends the executive law to require the right of a victim or
surviving family member to automatically be registered to receive
notification if a defendant is released from a state correctional facil-
ity, and parole board interviews with a defendant, the results of any
such interview, and the right to provide or update a victim impact
statement to the board of parole by the department of corrections and
community supervision's office of victims assistance.

Section 3 amends the executive law to add a new subdivision 7 where the
superintendent shall establish procedures for the notification of any
parties named in 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 a person.

Section 4 amends the public health law to add a new subdivision 4 for
the Commissioner and Department of Health of the city of New York to
deliver to the Department of Corrections and Community Supervision
Office of Victim's 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 certif-
icates were issued. These records shall be arranged by county of resi-
dence and shall include the name, residence address, and birth date of
each such person.

 
JUSTIFICATION:

There is an ongoing notification gap regarding the status of individuals
who have an order of protection against them. New York State has imple-
mented an initiative known as VINE (Victim Information and Notification
Every Day), a free, anonymous and confidential telephone and web-based
system that allows crime victims to track the custody status of offen-
ders in jail or prison. Notifications can be made by phone or email on
the state prison custody level, release, death, or escape.

However, this program only operates if the victim requests to receive
information. In a report done by the NYS Department of Corrections and
Community Supervision in 2011, there was an increase in the number of
notifications delivered by 38 percent, emphasizing the interest of
victims wanting to receive VINE notifications. Opt-in notifications have
served as a barrier for victims, who may not be aware of this initi-
ative. This bill would implement opt-out measures for VINE to expand
access to crucial notifications to all victims without registration
requirements.

According to the New York Domestic Violence Registry, the number of
protection orders issued in New York State increased by 10 percent in
2023 compared to 2022. Orders of protection play a crucial role in
domestic violence cases, serving as a protection against unwanted or
unsafe contact. VINE provides updates regarding incarcerated individuals
and excludes individuals with orders of protection for a respondent not
incarcerated. By notifying the protected individual about important
notifications such as the death of the accuser, we are closing the
notification gap. This bill would require the Department of Health to
send monthly reports to the Department of Corrections and Community
Supervision Office of Victims Assistance and the Division of Criminal
Justice Services, so all victims have access to this information. As all
victims should be notified when an order of protection is no longer in
effect, whether the accuser is incarcerated or not.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.