senate Bill S733A

2011-2012 Legislative Session

Authorizes the personal appearance of crime victims at the parole hearings of the offender

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 print number 733a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S733 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L; amd §259-i, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S1465

S733 - Summary

Requires that the district attorney inform the victim of a crime of such victim's right to personally or by representative appear, where the crime victim is deceased or is mentally or physically incapacitated, and be heard at the defendant's parole hearing; establishes qualifications to be a crime victim's representative.

S733 - Sponsor Memo

S733 - Bill Text download pdf

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

                                   733

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 appearance of a victim at parole hearings

  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 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 (I) 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 proce-
dures and limitations contained in rules of the board, [both]  AND  (II)
APPEAR AND BE HEARD AT THE PAROLE HEARING 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  state-
ment  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.

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

Co-Sponsors

S733A (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L; amd §259-i, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S1465

S733A (ACTIVE) - Summary

Requires that the district attorney inform the victim of a crime of such victim's right to personally or by representative appear, where the crime victim is deceased or is mentally or physically incapacitated, and be heard at the defendant's parole hearing; establishes qualifications to be a crime victim's representative.

S733A (ACTIVE) - Sponsor Memo

S733A (ACTIVE) - Bill Text download pdf

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

                                 733--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. ROBACH, NOZZOLIO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  to  the  Committee  on Codes 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 criminal procedure law and the executive law, in
  relation to appearance of a victim at parole hearings

  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 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 (I) submit a written, audio-
taped, 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] AND (II) APPEAR AND BE HEARD AT
THE PAROLE HEARING pursuant to subdivision two of  section  two  hundred
fifty-nine-i  of  the  executive law. The right of the victim under this

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

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