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