Assembly Bill A4539

2009-2010 Legislative Session

Requires victims be notified of right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement

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Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A4539 (ACTIVE) - Details

See Senate Version of this Bill:
S1748
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4990, A9324, S1781
2013-2014: A2409, S476
2015-2016: A89, S3154
2017-2018: A1194, S5220
2019-2020: S2924
2021-2022: S6647
2023-2024: S1815

2009-A4539 (ACTIVE) - Summary

Requires the district attorney to notify victims by letter of the final disposition of the case within sixty days of such disposition; such letter shall also notify victims of their right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement.

2009-A4539 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4539

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. MAYERSOHN, ALFANO -- Multi-Sponsored by -- M. of
  A. BARRA, KOON -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
  victims  be informed of right to make victim impact statement to divi-
  sion of parole and to appear at parole hearing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 440.50 of the criminal procedure
law, as amended by chapter 186 of the laws of 2005, is amended  to  read
as follows:
  1.  [Upon  the  request of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a  violent
felony  offense as defined in section 70.02 of the penal law or a felony
defined in article  one  hundred  twenty-five  of  such  law,  the]  THE
district  attorney  shall, within sixty days of the final disposition of
the case, inform the victim by letter of such final disposition. If such
final disposition results in the commitment  of  the  defendant  to  the
custody  of the department of correctional services for an indeterminate
sentence, the notice provided to the crime victim shall also inform  the
victim  of  his  or  her right to submit a written, audiotaped, or vide-
otaped victim impact statement to the state division  of  parole  or  to
[meet] personally [with a member of the state board of parole] APPEAR at
[a time and place separate from] the personal interview between a member
or  members  of  the  board  and  the  inmate and make such a statement,
subject to procedures and limitations contained in rules of  the  board,
both  pursuant to subdivision two of section two hundred fifty-nine-i of
the executive law. The right of the victim  under  this  subdivision  to
submit  a  written  victim impact statement or to meet personally with a
member of the state board of parole applies to each  personal  interview
between a member or members of the board and the inmate.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04512-01-9

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