S T A T E O F N E W Y O R K
________________________________________________________________________
1734
2009-2010 Regular Sessions
I N S E N A T E
February 5, 2009
___________
Introduced by Sens. STAVISKY, ADAMS, DIAZ, DUANE, HUNTLEY, ONORATO --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to procedures for providing victim notification of criminal
justice processes affecting the interests of crime victims and to
repeal section 440.50 of the criminal procedure law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 440.50 of the criminal procedure law is REPEALED.
S 2. Part 3 of the criminal procedure law is amended by adding a new
title V to read as follows:
TITLE V-VICTIM NOTIFICATION ACT
ARTICLE 740-VICTIM NOTIFICATION
SECTION 740.10 DEFINITION OF TERMS.
740.15 ISSUANCE AND FILING OF VICTIM NOTICES.
740.20 NOTIFICATION OF VICTIM.
740.25 VICTIM FINANCIAL AND SOCIAL SERVICES ASSISTANCE IN-
FORMATION.
S 740.10 DEFINITION OF TERMS.
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
INGS:
1. "CRIME" MEANS CONDUCT DEFINED AS A FELONY OR A MISDEMEANOR IN THE
PENAL LAW.
2. "VICTIM" MEANS A PERSON WHO, AS A RESULT OF A CRIME, HAS SUFFERED A
DIRECT ADVERSE EFFECT CONSISTING OF: DEATH, PHYSICAL INJURY, RAPE,
SODOMY, SEXUAL ABUSE OR LOSS OF PROPERTY.
3. "FAMILY MEMBER" MEANS (A) ANY PERSON RELATED TO A VICTIM WITHIN THE
THIRD DEGREE OF CONSANGUINITY OR AFFINITY, OR (B) ANY PERSON RESIDING IN
THE SAME HOUSEHOLD WITH A VICTIM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD05025-02-9
S. 1734 2
4. "VICTIM NOTICE" MEANS A FORM PRESCRIBED BY THE COMMISSIONER OF
CRIMINAL JUSTICE SERVICES AND DISTRIBUTED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES ON WHICH A VICTIM MAY INDICATE A DEMAND THAT HE OR SHE
BE ADVISED AS TO COURT PROCEEDINGS AND THAT HE OR SHE BE ADVISED OF
CERTAIN OTHER CRIMINAL JUSTICE AND LAW ENFORCEMENT AGENCIES' ACTIONS
AFFECTING THE INTERESTS OF SUCH VICTIM AS PRESCRIBED BY THIS ARTICLE IN
ANY CRIMINAL ACTION THAT MAY BE BASED UPON THE CRIME OF WHICH HE OR SHE
WAS A VICTIM. SUCH FORM SHALL BE DESIGNED TO INCLUDE AT LEAST THE
FOLLOWING INFORMATION: THE NAME OF THE VICTIM; THE ADDRESS OF THE
VICTIM; THE NATURE OF THE CRIME; A DESCRIPTION OF THE CRIME; THE ADVERSE
EFFECTS SUFFERED BY THE VICTIM AND BY ANY FAMILY MEMBER; WHETHER OR NOT
THE VICTIM WISHES TO BE ADVISED AS TO COURT PROCEEDINGS AND CERTAIN
OTHER CRIMINAL JUSTICE AND LAW ENFORCEMENT AGENCIES' ACTIONS AFFECTING
THE INTEREST OF SUCH VICTIM AS PRESCRIBED BY THIS ARTICLE IN ANY CRIMI-
NAL ACTION INVOLVING THE CRIME; AND THE PLACE OR PLACES WHERE THE VICTIM
MAY BE REACHED BY MAIL AND TELEPHONE.
5. "DISCRETIONARY DISPOSITION" MEANS DISMISSAL IN FURTHERANCE OF
JUSTICE, PURSUANT TO PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION 170.30
AND SECTION 170.40 OF THIS CHAPTER; ADJOURNMENT IN CONTEMPLATION OF
DISMISSAL PURSUANT TO SECTION 170.55 OF THIS CHAPTER; REDUCTION OF A
FELONY CHARGE TO ONE FOR A NON-FELONY OFFENSE PURSUANT TO SECTION 180.50
OF THIS CHAPTER, OTHER THAN WHERE THE REDUCTION IS MADE PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION TWO THEREOF; REDUCTION OF A FELONY CHARGE
TO A NON-FELONY OFFENSE PURSUANT TO SUBDIVISION THREE OF SECTION 180.70
OF THIS CHAPTER; DISMISSAL OF AN INDICTMENT IN THE INTERESTS OF JUSTICE
PURSUANT TO PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION 210.20 OF THIS
CHAPTER AND SECTION 210.40 OF THIS CHAPTER; THE ENTRY OF A PLEA OF GUIL-
TY TO ANY CRIME OTHER THAN ONE THAT IS NOT MORE THAN A SINGLE CLASSI-
FICATION BELOW THE HIGHEST CLASSIFICATION OF FELONY CHARGED IN THE
INDICTMENT, OR THE ENTRY OF A PLEA OF GUILTY TO A CRIME CHARGED IN
ANOTHER INDICTMENT TO CONSTITUTE A DISPOSITION OF THE INDICTMENT FOR THE
CRIME UPON WHICH THE VICTIM NOTICE IS BASED; A DETERMINATION THAT AN
ELIGIBLE YOUTH IS A YOUTHFUL OFFENDER; OR IMPOSITION OF SENTENCE.
6. "FILING" MEANS SUBMISSION, EITHER BY MAIL OR IN PERSON, OF THE
VICTIM NOTIFICATION FORM BY THE VICTIM OR FAMILY MEMBER TO THE CRIMINAL
JUSTICE AGENCY WHERE THE RECORD OF THE REPORT OF THE CRIME IS MAINTAINED
OR IF A CRIMINAL ACTION HAS BEEN COMMENCED, WITH THE CLERK OF THE COURT
WHERE THE ACTION IS PENDING.
S 740.15 ISSUANCE AND FILING OF VICTIM NOTICES.
1. WHENEVER A VICTIM SHALL GIVE INFORMATION IN PERSON TO A POLICE
OFFICER OR TO A DISTRICT ATTORNEY OR AN EMPLOYEE OF A DISTRICT ATTORNEY
CONCERNING A CRIME OF WHICH HE OR SHE IS A VICTIM SUCH OFFICER, DISTRICT
ATTORNEY OR EMPLOYEE SHALL INQUIRE AS TO WHETHER THE VICTIM HAS RECEIVED
A VICTIM NOTICE FORM AND, WHERE THE VICTIM INDICATES THAT HE OR SHE HAS
NOT RECEIVED SUCH FORM, SHALL ISSUE OR SHALL MAKE ARRANGEMENT TO ISSUE
TO THE VICTIM A VICTIM NOTICE FORM AND A COPY OF THE PROVISIONS OF THIS
ARTICLE. IN THE EVENT THAT THE VICTIM IS DECEASED OR IS UNDER THE AGE
OF EIGHTEEN OR IS UNABLE BY REASON OF MENTAL OR PHYSICAL DISABILITY TO
FILL OUT A VICTIM NOTICE FORM, THE FORM AND A COPY OF THIS ARTICLE SHALL
BE ISSUED TO ANY FAMILY MEMBER WHO APPEARS TO REPRESENT THE INTEREST OF
THE VICTIM.
2. AT THE TIME A VICTIM NOTICE IS ISSUED AS PROVIDED IN SUBDIVISION
ONE OF THIS SECTION, THE PERSON ISSUING SAID NOTICE SHALL INDICATE THER-
EON HIS OR HER OWN NAME AND (A) IF NO CRIMINAL ACTION HAS YET BEEN
COMMENCED, THE PLACE WHERE THE RECORD OF THE REPORT OF THE CRIME WILL BE
MAINTAINED, OR (B) IF A CRIMINAL ACTION HAS BEEN COMMENCED (I) THE COURT
S. 1734 3
WHERE SUCH ACTION PRESENTLY IS PENDING, (II) THE PART, IF KNOWN, TO
WHICH SUCH ACTION HAS BEEN ASSIGNED, AND (III) THE DOCKET NUMBER,
INDICTMENT NUMBER OR OTHER IDENTIFYING NUMBER, IF KNOWN, ASSIGNED TO THE
CRIMINAL ACTION. THE PERSON ISSUING A VICTIM NOTICE FORM SHALL, ALSO AT
THE TIME OF ISSUANCE, INFORM THE VICTIM OR FAMILY MEMBER OF THE MANNER
AND PLACE WHERE SUCH FORM MUST BE FILED IF AN ELECTION TO FILE IS MADE.
3. A PERSON TO WHOM A VICTIM NOTICE HAS BEEN ISSUED PURSUANT TO THIS
SECTION MAY, IF HE OR SHE SO ELECTS, FILE, BY MAIL OR IN PERSON, THE
VICTIM NOTICE AT THE PLACE INDICATED IN PARAGRAPH (A) OR SUBPARAGRAPH
(I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. WHERE THE
NOTICE HAS BEEN FILED AT THE PLACE SET FORTH IN PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION, IT SHALL BE THE DUTY OF THE POLICE OFFICER
WHO APPEARS AT THE ARRAIGNMENT ON THE FIRST ACCUSATORY INSTRUMENT FILED
IN ANY CRIMINAL ACTION BASED UPON THE CRIME TO SUBMIT THE VICTIM NOTICE
TO THE CLERK OF THE COURT. WHERE A VICTIM NOTICE HAS BEEN SO SUBMITTED,
OR WHERE A VICTIM NOTICE IS FILED WITH THE COURT INDICATED IN SUBPARA-
GRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IT SHALL
BE THE DUTY OF THE CLERK OF THE COURT OR THE CLERK OF THE PART TO ATTACH
THE NOTICE TO THE ACCUSATORY INSTRUMENT.
4. A VICTIM NOTICE FILED WITH AN ACCUSATORY INSTRUMENT MUST BE TRANS-
MITTED TO ANY COURT THAT SUBSEQUENTLY ACQUIRES JURISDICTION OF THE CRIM-
INAL ACTION AND MUST BE ATTACHED TO THE ACCUSATORY INSTRUMENT FILED
THEREIN. IT ALSO SHALL BE ATTACHED TO ALL SUPERSEDING ACCUSATORY
INSTRUMENTS.
5. IF A SENTENCE IS IMPOSED OR OTHER COURT ORDER ISSUED REQUIRING
CUSTODIAL PLACEMENT, THE CLERK OF THE COURT OR THE CLERK OF THE PART
SHALL TRANSMIT A VICTIM NOTICE TO THE CUSTODIAL INSTITUTION WHERE PLACE-
MENT IS TO OCCUR. FURTHER, IF AT ANY TIME THE ORIGINAL CUSTODIAL INSTI-
TUTION TRANSFERS AN INDIVIDUAL TO ANY OTHER CUSTODIAL INSTITUTION A
VICTIM NOTICE SHALL ACCOMPANY SUCH TRANSFER.
S 740.20 NOTIFICATION OF VICTIM.
1. WHEN A VICTIM NOTICE HAS BEEN FILED PURSUANT TO SECTION 740.15 OF
THIS ARTICLE AND A VICTIM OR A FAMILY MEMBER HAS INDICATED THEREIN A
WISH TO BE ADVISED AS TO COURT PROCEEDINGS IN THE CRIMINAL ACTION
INVOLVING THE CRIME, THEN NO COURT SHALL MAKE ANY DISCRETIONARY DISPOSI-
TION IN THE ACTION UNLESS THE VICTIM OR FAMILY MEMBER WHO HAS FILED THE
NOTICE IS PRESENT OR THE COURT HAS ASCERTAINED THAT REASONABLE EFFORTS
HAVE BEEN MADE TO GIVE SUCH PERSON AT LEAST TWENTY-FOUR HOURS ADVANCE
NOTICE OF THE FACT THAT A DISCRETIONARY DISPOSITION IS TO BE MADE IN THE
ACTION.
2. WHERE THE VICTIM OR FAMILY MEMBER WHO HAS FILED THE NOTICE IS PRES-
ENT, THE COURT SHALL NOT MAKE ANY DISCRETIONARY DISPOSITION IN THE
ACTION UNLESS THE COURT FIRST ADVISES SUCH PERSON OF THE SUBJECT MATTER
OF THE DISPOSITION TO BE MADE AND ASKS SUCH PERSON WHETHER HE OR SHE
WISHES TO MAKE A STATEMENT WITH RESPECT THERETO. IF SUCH PERSON WISHES
TO MAKE A STATEMENT, THE COURT SHALL GRANT HIM OR HER AN OPPORTUNITY TO
DO SO BEFORE MAKING A DISCRETIONARY DISPOSITION.
3. WHETHER OR NOT A VICTIM OR FAMILY MEMBER WHO HAS FILED A VICTIM
NOTICE APPEARS IN COURT, THE CLERK OF THE COURT SHALL PROMPTLY FORWARD
BY MAIL TO ANY PERSON WHO HAS FILED A VICTIM NOTICE A NOTIFICATION AS TO
THE FOLLOWING EVENTS:
(A) ANY DISCRETIONARY DISPOSITION, INCLUDING THE SPECIFICS THEREOF;
(B) ANY DISMISSAL OF THE ACCUSATORY INSTRUMENT; AND
(C) ANY REVERSAL OR MODIFICATION OF THE JUDGMENT BY AN APPELLATE
COURT.
S. 1734 4
4. WHEN A VICTIM NOTICE HAS BEEN TRANSMITTED PURSUANT TO SUBDIVISION
FIVE OF SECTION 740.15 OF THIS ARTICLE AND A VICTIM OR FAMILY MEMBER HAS
INDICATED THEREIN A WISH TO BE ADVISED OF CRIMINAL JUSTICE AGENCY
ACTIONS, THEN NO CUSTODIAL INSTITUTION SHALL RELEASE, DISCHARGE, PAROLE,
FURLOUGH, GRANT TEMPORARY PASS, GRANT WORK RELEASE PRIVILEGES TO A
PERSON IN ITS CUSTODY UNLESS IT SHALL FORWARD BY MAIL NOTICE, AT LEAST
EIGHT DAYS, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, IN ADVANCE OF
SUCH PERSON'S CHANGE OF STATUS, TO THE VICTIM OR FAMILY MEMBER.
5. WHEN A VICTIM NOTICE HAS BEEN FILED PURSUANT TO SECTION 740.15 OF
THIS ARTICLE AND A VICTIM OR A FAMILY MEMBER HAS INDICATED THEREIN A
WISH TO BE ADVISED OF CRIMINAL JUSTICE AND LAW ENFORCEMENT AGENCIES'
ACTIONS THEN IT SHALL BE THE DUTY, WHENEVER POSSIBLE, OF THE INVESTIGAT-
ING POLICE OFFICER AND DISTRICT ATTORNEY OR AN EMPLOYEE OF THE DISTRICT
ATTORNEY TO INFORM A VICTIM, UPON ORAL OR WRITTEN REQUEST, OF THE
PROGRESS, STATUS OR RESULTS OF AN INVESTIGATION OR THE PROGRESS OR
STATUS OF A CASE WHICH IS BASED UPON THE CRIME OF WHICH HE OR SHE WAS A
VICTIM. HOWEVER, DISCLOSURE OF INFORMATION MAY BE WITHHELD FROM A
VICTIM IF SUCH INFORMATION IS CONFIDENTIAL OR COULD POTENTIALLY COMPRO-
MISE THE RESULTS OF AN INVESTIGATION OR PROSECUTION AS THE CASE MAY BE.
S 740.25 VICTIM FINANCIAL AND SOCIAL SERVICES ASSISTANCE INFORMATION.
NOTWITHSTANDING THE ABSENCE OF FILING A VICTIM NOTICE, WHENEVER A
VICTIM SHALL GIVE INFORMATION TO A POLICE OFFICER OR TO A DISTRICT
ATTORNEY OR AN EMPLOYEE OF A DISTRICT ATTORNEY CONCERNING A CRIME OF
WHICH HE OR SHE IS A VICTIM, SUCH OFFICER, DISTRICT ATTORNEY OR EMPLOYEE
SHALL, TO THE BEST OF THEIR ABILITY, PROVIDE THE VICTIM WITH INFORMATION
ABOUT FINANCIAL AND SOCIAL SERVICES ASSISTANCE AVAILABLE TO CRIME
VICTIMS. THIS INFORMATION SHALL INCLUDE, BUT IS NOT LIMITED TO, INFOR-
MATION ABOUT AVAILABLE: RAPE CRISIS CENTERS; VICTIM/WITNESS ASSISTANCE
PROGRAMS; ELDERLY VICTIM PROJECTS; THE CRIME VICTIMS BOARD; VICTIM
ASSISTANCE HOTLINES; AND DOMESTIC VIOLENCE SHELTERS AND PROGRAMS.
S 3. Subparagraph (A) of paragraph (c) of subdivision 2 of section
259-i of the executive law, as separately amended by chapters 40 and 126
of the laws of 1999, is amended to read as follows:
(A) Discretionary release on parole shall not be granted merely as a
reward for good conduct or efficient performance of duties while
confined but after considering if there is a reasonable probability
that, if such inmate is released, he will live and remain at liberty
without violating the law, and that his release is not incompatible with
the welfare of society and will not so deprecate the seriousness of his
crime as to undermine respect for law. In making the parole release
decision, the guidelines adopted pursuant to subdivision four of section
two hundred fifty-nine-c of this article shall require that the follow-
ing be considered: (i) the institutional record including program goals
and accomplishments, academic achievements, vocational education, train-
ing or work assignments, therapy and interpersonal relationships with
staff and inmates; (ii) performance, if any, as a participant in a
temporary release program; (iii) release plans including community
resources, employment, education and training and support services
available to the inmate; (iv) any deportation order issued by the feder-
al government against the inmate while in the custody of the department
of correctional services and any recommendation regarding deportation
made by the commissioner of the department of correctional services
pursuant to section one hundred forty-seven of the correction law; and
(v) any statement made to the board by the crime victim or the victim's
representative, where the crime victim is deceased or is mentally or
physically incapacitated. The board shall provide toll free telephone
S. 1734 5
access for crime victims. [In the case of an oral statement made in
accordance with subdivision one of section 440.50 of the criminal proce-
dure law, the parole board member shall present a written report of the
statement to the parole board.] A crime victim's representative shall
mean the crime victim's closest surviving relative, the committee or
guardian of such person, or the legal representative of any such person.
Such statement submitted by the victim or victim's representative may
include information concerning threatening or intimidating conduct
toward the victim, the victim's representative, or the victim's family,
made by the person sentenced and occurring after the sentencing. Such
information may include, but need not be limited to, the threatening or
intimidating conduct of any other person who or which is directed by the
person sentenced. Notwithstanding the provisions of this section, in
making the parole release decision for persons whose minimum period of
imprisonment was not fixed pursuant to the provisions of subdivision one
of this section, in addition to the factors listed in this paragraph the
board shall consider the factors listed in paragraph (a) of subdivision
one of this section.
S 4. Paragraph (b) of subdivision 2 of section 646-a of the executive
law, as added by chapter 67 of the laws of 1994, is amended to read as
follows:
(b) the rights of crime victims to routine notification of judicial
proceedings relating to their case as provided in section six hundred
forty-one of this article[,] AND in section 330.20[, and section 440.50]
of the criminal procedure law [and section one hundred forty-nine-a of
the correction law];
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
