senate Bill S4160A

2011-2012 Legislative Session

Enables victims to view parole hearings via closed circuit television or a secure online website

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to correction
delivered to assembly
passed senate
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1056
May 15, 2012 reported and committed to finance
Apr 13, 2012 print number 4160a
amend and recommit to crime victims, crime and correction
Jan 04, 2012 referred to crime victims, crime and correction
Mar 21, 2011 referred to crime victims, crime and correction

Votes

view votes

Jun 5, 2012 - Finance committee Vote

S4160A
29
0
committee
29
Aye
0
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

May 15, 2012 - Crime Victims, Crime and Correction committee Vote

S4160A
10
0
committee
10
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: May 15, 2012

Bill Amendments

Original
A (Active)
Original
A (Active)

S4160 - Bill Details

See Assembly Version of this Bill:
A5433B
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§259-c & 641, Exec L; amd §440.50, CP L

S4160 - Bill Texts

view summary

Enables victims and relatives of victims to view parole hearings via closed circuit television or a secure online website.

view sponsor memo
BILL NUMBER:S4160

TITLE OF BILL:
An act
to amend the executive law and the criminal procedure law, in relation
to enabling victims to view parole hearings via closed circuit
television or a secure online website

PURPOSE OR GENERAL IDEA OF BILL:
Permits victims and relatives of
victims to view an inmate's parole hearing relating to their case via
closed circuit television or a secure online website

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 259-c of the executive law, section two
amends subdivision 3 of section 641, as added by chapter 94 of the
laws of 1984 and paragraph (d) as amended by chapter 618 of the laws
of 1992. Ensure notification of victims, witnesses, relatives of
those victims and witnesses who are minors, and relatives of homicide
victims, if such persons provide the appropriate official with a
current address and telephone number, either by phone or by mail, if
possible, of judicial proceedings relating to their case.

JUSTIFICATION:
Victims and relatives should be allowed to watch parole
hearings of an inmate, whose case directly affects the victim for
purpose of transparency. The family of the defendant should also have
the privilege of viewing the parole hearings of loved ones to ensure
a fair hearing.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4160

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the executive law and the criminal procedure law, in
  relation to enabling  victims  to  view  parole  hearings  via  closed
  circuit television or a secure online website

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

  Section 1. Section 259-c of the executive law is amended by  adding  a
new subdivision 18 to read as follows:
  18. PERMIT VICTIMS AND RELATIVES OF VICTIMS TO VIEW AN INMATE'S PAROLE
HEARING RELATING TO THEIR CASE VIA CLOSED CIRCUIT TELEVISION OR A SECURE
ONLINE WEBSITE.
  S  2.  Subdivision  3 of section 641 of the executive law, as added by
chapter 94 of the laws of 1984 and paragraph (d) as amended  by  chapter
618 of the laws of 1992, is amended to read as follows:
  3.  Ensure  notification  of  victims,  witnesses,  relatives of those
victims and witnesses who are minors, and relatives of homicide victims,
if such persons provide the appropriate official with a current  address
and  telephone number, either by phone or by mail, if possible, of judi-
cial proceedings relating to their case, including:
  (a) the arrest of an accused;
  (b) the initial appearance of an accused before a judicial officer;
  (c) the release of an accused pending judicial proceedings; [and]
  (d) proceedings in the prosecution of the accused including entry of a
plea of guilty, trial, sentencing,  but  prior  to  sentencing  specific
information  shall  be  provided regarding the right to seek restitution
and reparation, and where a term of imprisonment  is  imposed,  specific
information  shall  be  provided  regarding maximum and minimum terms of
such imprisonment; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08390-01-1

S. 4160                             2

  (E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT
WHICH THE VICTIM AND RELATIVES OF THE VICTIM MAY  VIEW  THE  HEARING  ON
CLOSED  CIRCUIT  TELEVISION  OR  THE  SECURE ONLINE WEBSITE ON WHICH THE
HEARING MAY BE VIEWED.
  S 3. 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 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  videotaped  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 procedures and limita-
tions 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.  THE NOTICE TO THE VICTIM  SHALL  ALSO  INFORM
THE VICTIM OF HIS OR HER RIGHT TO VIEW THE DEFENDANT'S PAROLE HEARING ON
CLOSED  CIRCUIT  TELEVISION  OR  OVER  A SECURE ONLINE WEBSITE AND SHALL
INFORM THE VICTIM OF THE INTENDED DATE AND TIME OF THE PAROLE HEARING AS
WELL AS THE LOCATION OR WEBSITE ADDRESS AT WHICH THE VICTIM MAY VIEW THE
HEARING.
  S 4. This act shall take effect immediately.

S4160A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5433B
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§259-c & 641, Exec L; amd §440.50, CP L

S4160A (ACTIVE) - Bill Texts

view summary

Enables victims and relatives of victims to view parole hearings via closed circuit television or a secure online website.

view sponsor memo
BILL NUMBER:S4160A

TITLE OF BILL:
An act
to amend the executive law and the criminal procedure law, in relation
to enabling victims to view parole hearings via closed circuit
television or a secure online website

PURPOSE OR GENERAL IDEA OF BILL:
Permits victims and relatives of victims to view an inmate's parole
hearing relating to their case via closed circuit television or a
secure online website

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 259-c of the executive law, section two
amends subdivision 3 of section 641, as added by chapter 94 of the
laws of 1984 and paragraph (d) as amended by chapter 618 of the laws
of 1992.
Ensure notification of victims, witnesses, relatives of those victims
and witnesses who are minors, and relatives of homicide victims, if
such persons provide the appropriate official with a current address
and telephone number, either by phone or by mail, if possible, of
judicial proceedings relating to their case.

JUSTIFICATION:
Victims and relatives should be allowed to watch parole hearings of an
inmate, whose case directly affects the victim for purpose of
transparency. The family of the defendant should also have the
privilege of viewing the parole hearings of loved ones to ensure a
fair hearing.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4160--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation  to  enabling  victims  to  view  parole  hearings via closed
  circuit television or a secure online website

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

  Section  1.  Section 259-c of the executive law is amended by adding a
new subdivision 18 to read as follows:
  18. PERMIT VICTIMS AND RELATIVES OF VICTIMS TO VIEW AN INMATE'S PAROLE
HEARING RELATING TO THEIR CASE VIA CLOSED CIRCUIT TELEVISION OR A SECURE
ONLINE WEBSITE.
  S 2. Subdivision 3 of section 641 of the executive law,  as  added  by
chapter  94  of the laws of 1984 and paragraph (d) as amended by chapter
618 of the laws of 1992, is amended to read as follows:
  3. Ensure notification  of  victims,  witnesses,  relatives  of  those
victims and witnesses who are minors, and relatives of homicide victims,
if  such persons provide the appropriate official with a current address
and telephone number, either by phone or by mail, if possible, of  judi-
cial proceedings relating to their case, including:
  (a) the arrest of an accused;
  (b) the initial appearance of an accused before a judicial officer;
  (c) the release of an accused pending judicial proceedings; [and]
  (d) proceedings in the prosecution of the accused including entry of a
plea  of  guilty,  trial,  sentencing,  but prior to sentencing specific
information shall be provided regarding the right  to  seek  restitution
and  reparation,  and  where a term of imprisonment is imposed, specific

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08390-02-2

S. 4160--A                          2

information shall be provided regarding maximum  and  minimum  terms  of
such imprisonment; AND
  (E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT
WHICH  THE  VICTIM  AND  RELATIVES OF THE VICTIM MAY VIEW THE HEARING ON
CLOSED CIRCUIT TELEVISION OR THE SECURE  ONLINE  WEBSITE  ON  WHICH  THE
HEARING MAY BE VIEWED.
  S 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended  by  section 80 of subpart B of part C of chapter 62 of the laws
of 2011, 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 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 corrections and community supervision for an  indeter-
minate  sentence,  the  notice  provided  to the crime victim shall also
inform the victim of his or her right to submit a  written,  audiotaped,
or  videotaped  victim impact statement to the department of corrections
and community supervision 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 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.  THE NOTICE TO THE VICTIM SHALL ALSO INFORM THE VICTIM OF HIS OR
HER RIGHT TO VIEW THE DEFENDANT'S PAROLE HEARING ON CLOSED CIRCUIT TELE-
VISION OR OVER A SECURE ONLINE WEBSITE AND SHALL INFORM  THE  VICTIM  OF
THE INTENDED DATE AND TIME OF THE PAROLE HEARING AS WELL AS THE LOCATION
OR WEBSITE ADDRESS AT WHICH THE VICTIM MAY VIEW THE HEARING.
  S 4. This act shall take effect immediately.

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