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Assembly Bill A6502

2011-2012 Legislative Session

Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports

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Archive: Last Bill Status - In Assembly Committee

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2011-A6502 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง390.30, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2775
2013-2014: A1637
2015-2016: A4081
2017-2018: A2769
2019-2020: A1174

2011-A6502 (ACTIVE) - Summary

Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports where the court deems such inclusion to be appropriate.

2011-A6502 (ACTIVE) - Bill Text download pdf 

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

                                  6502

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced by M. of A. KOLB, GIGLIO, BARCLAY -- Multi-Sponsored by -- M.
  of  A. CALHOUN, MOLINARO -- read once and referred to the Committee on
  Codes

AN ACT to amend the criminal procedure law, in relation to victim impact
  statements

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

  Section  1.  Paragraph  (b)  of subdivision 3 of section 390.30 of the
criminal procedure law, as amended by chapter 618 of the laws  of  1992,
is amended to read as follows:
  (b) The report shall also contain a victim impact statement, unless it
appears  that such information would be of no relevance to the recommen-
dation or court disposition, which shall  include  an  analysis  of  the
victim's  version  of the offense, the extent of injury or economic loss
and the actual out-of-pocket loss to the victim and  the  views  of  the
victim  relating  to disposition including the amount of restitution and
reparation sought by the victim after the victim has  been  informed  of
the right to seek restitution and reparation, subject to the availabili-
ty of such information. In the case of a homicide or where the victim is
unable  to assist in the preparation of the victim impact statement, the
information may be acquired from the victim's family. SUCH VICTIM IMPACT
STATEMENT MAY ALSO BE ACQUIRED FROM NEIGHBORHOOD WATCH GROUPS WHERE  THE
COURT  DEEMS  SUCH  STATEMENTS  TO  BE  AN  APPROPRIATE INCLUSION IN THE
REPORT. The victim impact statement  shall  be  made  available  to  the
victim  by  the prosecutor pursuant to subdivision two of section 390.50
of this article. Nothing contained in this section shall be  interpreted
to  require that a victim supply information for the preparation of this
report.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05147-01-1

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