NY State Senate Bill 2011-S1664

Senate Bill S1664

2011-2012 Legislative Session

Provides that the division of criminal justice services provide statistics as to witnesses in court proceedings that have been threatened, attacked or killed

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
Jan 11, 2011	referred to finance

2011-S1664 (ACTIVE) - Details

See Assembly Version of this Bill:: A1740
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-s, Exec L
Versions Introduced in 2009-2010 Legislative Session:: S88, A4436

2011-S1664 (ACTIVE) - Summary

Provides that the division of criminal justice services collect statistics as to witnesses in court proceedings that have been threatened, attacked or killed and requires police chiefs, county sheriffs and the superintendent of the state police to submit such statistics and report to the division of criminal justice services on or before January 15th of each calendar year.

2011-S1664 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1664

TITLE OF BILL:
An act
to amend the executive law, in relation to compiling statistics on court
witnesses that have been threatened, attacked or killed

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require the NYS Division of Criminal Justice Services
to provide statistics as to witnesses in court proceedings that have
been threatened, attacked or killed.

SUMMARY OF SPECIFIC PROVISIONS:
Add; new section 837s to the executive law that requires police
chiefs, county sheriff and the.Superintendent of the State Police to
submit a report to the division of every threat, attack or death of
a witness in a court proceeding investigated by his or her law
enforcement agency during the previous calendar year. These reports
must be submitted to the division on or before January 15th of each
calendar year.

Requires the Division of Criminal Justice Services to complete a
report on or before March 1st of each calendar year that that
includes all reports filed pursuant to subdivision 1 of this
legislation. Requires that such reports shall be submitted to the
Governor, President Pro Tern of the Senate and the Speaker of the

Assembly. Such report shall include the number of threats, attacks
and deaths committed against witnesses in court proceedings as well
as whether or not the threat, attack or death was committed by a
person who was a party to the proceeding or by a person associated
with a person who was a party to the proceeding.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
There is currently no requirement that the Division of Criminal
Justice Services compile reports regarding witnesses in court
proceedings who have been threatened, attacked or killed.

JUSTIFICATION:
Many individuals who have been witnesses to crimes in New York have
been coerced into silence through intimidation or violence by those
they are testifying against or by their associates. Others witnesses
have been murdered. In one particular case, Bobby Gibson, a witness
to a murder was himself gunned down in Brooklyn. After his murder,
numerous witnesses refused to testify or went into hiding. New York
must address the problem of violence against, intimidation of, or
harassment of witnesses. If witnesses are not protected they may
refuse to testify in court proceedings and this would impair the
functioning and integrity of our judicial system. We must do our
utmost to protect witnesses in all court proceedings in the State of
New York. The first step toward ensuring protection for people who
testify in our courts is to fully understand the extent of the
problem so that it can be addressed by the Legislature and the
Governor through further legislation. This bill will allow New York
to gage the extent of the problem of witnesses being threatened,
attacked or killed.


LEGISLATIVE HISTORY:
S.3116 of 2007
S.88 of 2009
01/07/09 REFERRED TO FINANCE
01/06/10 REFERRED TO FINANCE

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have
become a law, provided that any procedure, rules and/or regulations
necessary to implement the provisions of this act on its effective
date are authorized and directed to be completed on or before such
date.

2011-S1664 (ACTIVE) - Bill Text download pdf

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

                                  1664

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to  compiling  statistics
  on court witnesses that have been threatened, attacked or killed

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

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S  837-S.  REPORT  OF  THREATS  AND ATTACKS AGAINST WITNESSES IN COURT
PROCEEDINGS. 1. ON OR BEFORE JANUARY FIFTEENTH OF EACH YEAR, EVERY CHIEF
OF A POLICE DEPARTMENT, EVERY COUNTY SHERIFF AND THE  SUPERINTENDENT  OF
STATE  POLICE  SHALL  SUBMIT  A  REPORT TO THE DIVISION OF EVERY THREAT,
ATTACK OR DEATH OF A WITNESS IN A COURT PROCEEDING INVESTIGATED  BY  HIS
OR  HER  LAW  ENFORCEMENT AGENCY DURING THE PREVIOUS CALENDAR YEAR. EACH
SUCH REPORT SHALL INCLUDE SUCH INFORMATION AS THE DIVISION SHALL REQUIRE
INCLUDING, BUT NOT LIMITED TO, WHETHER THE THREAT, ATTACK OR  DEATH  WAS
COMMITTED  BY  A  PERSON  WHO  WAS  A  PARTY TO THE COURT PROCEEDING THE
WITNESS TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN OR BY A PERSON ASSOCI-
ATED WITH A PERSON WHO WAS A PARTY TO THE COURT PROCEEDING  THE  WITNESS
TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN, AND THE COUNTY AND CITY WHERE
THE THREAT, ATTACK OR DEATH OCCURRED.
  2. ON OR BEFORE MARCH FIRST EACH YEAR, THE DIVISION SHALL COMPILE INTO
A  SINGLE  STATEWIDE  REPORT  ALL  THE REPORTS RECEIVED FOR THE PREVIOUS
CALENDAR YEAR, PURSUANT TO SUBDIVISION ONE OF THIS SECTION. SUCH  REPORT
SHALL  BE  SUBMITTED TO THE GOVERNOR,  TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY. THE REPORT REQUIRED BY THIS SUBDIVISION
SHALL INCLUDE THE  NUMBER  OF  THREATS,  ATTACKS  AND  DEATHS  COMMITTED
AGAINST  WITNESSES  IN  COURT PROCEEDINGS STATEWIDE AND IN EACH CITY AND
COUNTY, AS WELL AS WHETHER OR  NOT  THE  THREAT,  ATTACK  OR  DEATH  WAS
COMMITTED  BY  A  PERSON  WHO  WAS  A  PARTY TO THE COURT PROCEEDING THE
WITNESS TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN OR BY A PERSON ASSOCI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05862-01-1

S. 1664                             2

ATED WITH A PERSON WHO WAS A PARTY TO THE COURT PROCEEDING  THE  WITNESS
TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law, provided that any procedures, rules and/or
regulations necessary to implement the provisions of  this  act  on  its
effective  date are authorized and directed to be completed on or before
such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.