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Assembly Bill A1176

2009-2010 Legislative Session

Requires the district attorney to notify all victims of case disposition

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Archive: Last Bill Status - Stricken

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2009-A1176 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง440.50, CP L

2009-A1176 (ACTIVE) - Summary

Requires the district attorney to inform a victim by letter of the final disposition of a case against a defendant, in order to give such victim the opportunity to exercise his right to give a victim impact statement.

2009-A1176 (ACTIVE) - Bill Text download pdf 

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

                                  1176

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  notice to victims of case disposition

  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
PROVIDED, HOWEVER, THAT  UPON  THE  REQUEST  OF  A  VICTIM,  THE  NOTICE
REQUIRED  UNDER  THIS  SECTION SHALL NOT BE PROVIDED TO SUCH VICTIM.  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 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 proce-
dures  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01982-01-9

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