S T A T E O F N E W Y O R K
________________________________________________________________________
7249
2017-2018 Regular Sessions
I N A S S E M B L Y
April 12, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COLTON, HOOPER -- read once and referred to the Committee on
Correction
AN ACT to amend the executive law, in relation to prohibiting release of
inmates convicted of a crime of driving while intoxicated until victim
has had notice and the opportunity to make a victim impact statement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
1. have the power and duty of determining which inmates serving an
indeterminate or determinate sentence of imprisonment may be released on
parole, or on medical parole pursuant to section two hundred
fifty-nine-r or section two hundred fifty-nine-s of this article, and
when and under what conditions; PROVIDED, HOWEVER, THAT ANY SUCH INMATE
SERVING A TERM OF AT LEAST ONE YEAR FOR A FELONY CONVICTION THAT
INCLUDES A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE
AND TRAFFIC LAW SHALL NOT BE RELEASED ON PAROLE UNLESS THE VICTIM OR
VICTIM'S REPRESENTATIVE, AS DEFINED IN SECTION TWO HUNDRED FIFTY-NINE-I
OF THIS ARTICLE, SHALL HAVE BEEN CONSULTED WITH AND GIVEN A REASONABLE
OPPORTUNITY TO MAKE A VICTIM IMPACT STATEMENT PURSUANT TO SECTION 440.50
OF THE CRIMINAL PROCEDURE LAW;
§ 2. Subdivision 1 of section 259-c of the executive law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
1. have the power and duty of determining which inmates serving an
indeterminate sentence of imprisonment may be released on parole, or on
medical parole pursuant to section two hundred fifty-nine-r of this
article, and when and under what conditions; PROVIDED, HOWEVER, THAT ANY
SUCH INMATE SERVING A TERM OF AT LEAST ONE YEAR FOR A FELONY CONVICTION
THAT INCLUDES A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03321-01-7
A. 7249 2
VEHICLE AND TRAFFIC LAW SHALL NOT BE RELEASED ON PAROLE UNLESS THE
VICTIM OR VICTIM'S REPRESENTATIVE, AS DEFINED IN SECTION TWO HUNDRED
FIFTY-NINE-I OF THIS ARTICLE, SHALL HAVE BEEN CONSULTED WITH AND GIVEN A
REASONABLE OPPORTUNITY TO MAKE A VICTIM IMPACT STATEMENT PURSUANT TO
SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW;
§ 3. This act shall take effect immediately and shall apply to
violations of section 1192 of the vehicle and traffic law committed on
or after such date; provided that the amendments to subdivision 1 of
section 259-c of the executive law, made by section one of this act,
shall not affect the expiration of such subdivision, pursuant to subdi-
vision d of section 74 of chapter 3 of the laws of 1995, as amended,
when upon such date section two of this act shall take effect.