senate Bill S1210

2013-2014 Legislative Session

Relates to preparation and distribution of the notification form for victims of violent felony offenses regarding a name change petition by the defendant

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.711
Feb 04, 2014 reported and committed to finance
Jan 08, 2014 referred to codes
May 29, 2013 reported and committed to finance
Jan 09, 2013 referred to codes

Votes

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May 13, 2014 - Finance committee Vote

S1210
35
1
committee
35
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Feb 4, 2014 - Codes committee Vote

S1210
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 29, 2013 - Codes committee Vote

S1210
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1210 - Bill Details

See Assembly Version of this Bill:
A10095
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง380.50, CP L
Versions Introduced in 2011-2012 Legislative Session:
S7302, S7303

S1210 - Bill Texts

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Requires the commissioner of the department of corrections and community supervision in consultation with the director of the office of victim services to prepare and distribute the notification form for victims of violent felony offenses allowing them to demand to be informed regarding a name change petition by the defendant.

view sponsor memo
BILL NUMBER:S1210

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to preparation and
distribution of the notification form for victims of violent felony
offenses regarding a name change petition by the defendant

PURPOSE:
The bill would create a uniform form for crime victims to be
notified of any petition by the defendant in the case to change his
or her name.

SUMMARY OF PROVISIONS:
Section 1. Requires the department of corrections and office of victim
services to develop and distribute a notification of name change form
for victims of crimes to fill out.

EXISTING LAW:
Current law requires prosecutors to give the victim of a crime a form
on which the victim may indicate a demand to be informed of any
petition to change the name of the defendant. However, current law
does not say which agency must develop such a form; therefore, there
is no uniform form for victims to fill out.

JUSTIFICATION:
Having the Department of Corrections and Community Services in
consultation with Division of Victim Services develop and distribute
a form that can be filled out be victims to indicate if they want to
be informed of any name change by the defendant in their case will
ensure that there is a uniform form used by all prosecuting offices.
This will also be beneficial to crime victims as the form will be
easily accessible.

LEGISLATIVE HISTORY:
2012 - S.7302 - Referred to Codes

FISCAL IMPLICATIONS:
Needs to be determined.

EFFECTIVE DATE:
The act shall take effect on the thirtieth day after it shall become
law.

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

                                  1210

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the criminal procedure law, in relation  to  preparation
  and distribution of the notification form for victims of violent felo-
  ny offenses regarding a name change petition by the defendant

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

  Section 1. Subdivision 6 of section 380.50 of the  criminal  procedure
law,  as  amended by chapter 320 of the laws of 2006, is amended to read
as follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
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 or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32, the
prosecutor shall, within sixty  days  of  the  imposition  of  sentence,
provide  the victim with a form, PREPARED AND DISTRIBUTED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  IN
CONSULTATION  WITH  THE  DIRECTOR  OF  THE OFFICE OF VICTIM SERVICES, on
which the victim may indicate a demand to be informed of any petition to
change the name of such defendant.  Such forms shall  be  maintained  by
such  prosecutor.  Upon  receipt of a notice of a petition to change the
name of any such defendant,  pursuant  to  subdivision  two  of  section
sixty-two  of the civil rights law, the prosecutor shall promptly notify
the victim at the most current address or telephone number  provided  by
such  victim in the most reasonable and expedient possible manner of the
time and place such petition will be presented to the court.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05336-01-3

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