S T A T E O F N E W Y O R K
________________________________________________________________________
5433--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. DenDEKKER, N. RIVERA, GALEF, MONTESANO, MARKEY,
ROBINSON, CASTRO, WEPRIN, REILLY, JAFFEE, COLTON, M. MILLER -- Multi-
Sponsored by -- M. of A. ABBATE, BOYLAND, BURLING, CALHOUN, CERETTO,
CROUCH, GIBSON, GOTTFRIED, JEFFRIES, McDONOUGH, McENENY, McKEVITT,
MURRAY, RAIA, SALADINO, SCARBOROUGH, SCHIMEL, TENNEY -- read once and
referred to the Committee on Governmental Operations -- reference
changed to the Committee on Correction -- recommitted to the Committee
on Correction in accordance with Assembly Rule 3, sec. 2 -- 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, RELATIVES OF VICTIMS AND RELATIVES OF DEFENDANTS
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[,] AND RELATIVES OF DEFENDANTS 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, including:
(a) the arrest of an accused;
(b) the initial appearance of an accused before a judicial officer;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08390-06-2
A. 5433--A 2
(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
(E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT
WHICH THE VICTIM, RELATIVES OF THE VICTIM AND THE RELATIVES OF THE
DEFENDANT 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.