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Assembly Bill A3312

2009-2010 Legislative Session

Prohibits release on parole of inmates convicted of felony driving under influence until victim has notice and opportunity to make victim impact statement

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Archive: Last Bill Status - In Assembly Committee

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2009-A3312 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd 259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4611
2013-2014: A5489
2015-2016: A2399
2017-2018: A7249
2019-2020: A5930

2009-A3312 (ACTIVE) - Summary

Prohibits release on parole of inmates convicted of felony DWI and serving a term of at least one year until victim has notice and opportunity to make victim impact statement.

2009-A3312 (ACTIVE) - Bill Text download pdf 

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

                                  3312

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, SWEENEY, ORTIZ, EDDINGTON, MAYERSOHN
  --  Multi-Sponsored  by  -- M. of A. COLTON, HOOPER, KOON -- read once
  and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to prohibiting release of
  inmates convicted of a crime of driving while intoxicated until victim
  has had notice and the opportunity to make a victim impact statement

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

  Section  1.  Subdivision  1  of section 259-c of the executive law, as
amended by chapter 3 of the laws of 1995, is amended to read as follows:
  1. have the power and duty of determining  which  inmates  serving  an
indeterminate or determinate sentence of imprisonment may be released on
parole,   or   on   medical  parole  pursuant  to  section  two  hundred
fifty-nine-r of this  article,  and  when  and  under  what  conditions;
PROVIDED,  HOWEVER,  THAT ANY SUCH INMATE SERVING A TERM OF AT LEAST ONE
YEAR FOR A FELONY CONVICTION THAT INCLUDES A VIOLATION OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW SHALL NOT BE  RELEASED
ON  PAROLE  UNLESS  THE VICTIM OR VICTIM'S REPRESENTATIVE, AS DEFINED IN
SECTION TWO HUNDRED  FIFTY-NINE-I  OF  THIS  ARTICLE,  SHALL  HAVE  BEEN
CONSULTED  WITH  AND  GIVEN  A  REASONABLE  OPPORTUNITY TO MAKE A VICTIM
IMPACT STATEMENT PURSUANT TO SECTION 440.50 OF  THE  CRIMINAL  PROCEDURE
LAW;
  S  2. Subdivision 1 of section 259-c of the executive law, as added by
chapter 904 of the laws of 1977 and as amended by chapter 3 of the  laws
of 1995, is amended to read as follows:
  1.  have  the  power  and duty of determining which inmates serving an
indeterminate or a reformatory or determinate sentence  of  imprisonment
may  be released on parole and when and under what conditions; PROVIDED,
HOWEVER, THAT ANY SUCH INMATE SERVING A TERM OF AT LEAST ONE YEAR FOR  A
FELONY  CONVICTION  THAT  INCLUDES A VIOLATION OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC  LAW  SHALL  NOT  BE  RELEASED  ON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06952-01-9

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