S T A T E   O F   N E W   Y O R K
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                                  4558

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

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 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] 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  OPPOR-
TUNITY  TO PRESENT THEIR VIEWS IN PERSON TO THE SAME MEMBER OF THE BOARD
WHO CONDUCTED THE INTERVIEW WITH THE INMATE  AT  A  MUTUALLY  CONVENIENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08093-01-3
              

A. 4558                             2

LOCATION PRIOR TO THE DETERMINATION OF THE BOARD 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.
  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.