S T A T E O F N E W Y O R K
________________________________________________________________________
3456
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. GABRYSZAK -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to the rights of a crime victim at parole proceedings
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 [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] BE PRESENT AT PROCEEDINGS
OF THE STATE DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE
VICTIMS SHALL ALSO BE NOTIFIED OF THEIR RIGHT TO PROVIDE AN ORAL OR
WRITTEN STATEMENT OR BOTH AT PROCEEDINGS OF THE BOARD, INCLUDING THE
PERSONAL INTERVIEW OF THE INMATE, AND THAT THEY WILL ALSO BE PROVIDED
THE OPPORTUNITY TO PRESENT THEIR VIEWS IN PERSON TO THE SAME MEMBER OF
THE BOARD WHO CONDUCTED THE INTERVIEW WITH THE INMATE AT A MUTUALLY
CONVENIENT LOCATION PRIOR TO THE DETERMINATION OF THE BOARD pursuant to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08407-01-1
A. 3456 2
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.
S 2. Paragraphs (d), (e), (f) and (g) of subdivision 2 of section
646-a of the executive law are relettered paragraphs (e), (f), (g) and
(h) and a new paragraph (d) is added to read as follows:
(D) THE RIGHTS OF CRIME VICTIMS TO BE PRESENT AT THE PROCEEDINGS OF
THE STATE DIVISION OF PAROLE REGARDING RELEASE OF THE DEFENDANT AS
PROVIDED IN SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW;
S 3. This act shall take effect immediately.