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Senate Bill S8327A

2017-2018 Legislative Session

Relates to creating an appeals process for the district attorney

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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Bill Amendments

2017-S8327 - Details

Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Amd §700, County L; amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3179
2021-2022: S6161
2023-2024: S4768
2025-2026: S7092

2017-S8327 - Summary

Relates to creating an appeals process for the district attorney in the county where the crime was committed where family members of a victim or persons residing in a county where an offender committed a crime can appeal the board's decision to release the offender if the offender committed certain criminal offenses.

2017-S8327 - Sponsor Memo

2017-S8327 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8327
 
                             I N  S E N A T E
 
                                May 1, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the county law and the executive  law,  in  relation  to
   creating an appeals process for the district attorney
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 700 of the county law is amended by  adding  a  new
 subdivision 14 to read as follows:
   14.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 THE RELEASE OF A PERSON BY THE  PAROLE  BOARD,  FAMILY  MEMBERS  OF  THE
 VICTIM OR PERSONS RESIDING IN THE SAME COUNTY WHERE SUCH RELEASED PERSON
 COMMITTED  THE OFFENSE, MAY APPEAL SUCH RELEASE TO THE DISTRICT ATTORNEY
 IN THE COUNTY WHERE THE CRIME WAS COMMITTED TO REQUEST A REVERSAL OF THE
 RELEASE DECISION.  THIS SUBDIVISION SHALL ONLY APPLY TO PERSONS RELEASED
 BY THE BOARD THAT HAVE SERVED A  SENTENCE  FOR  AN  OFFENSE  DEFINED  IN
 SECTION  125.20,  125.25, 130.25, 130.30, OR 130.35 OF THE PENAL LAW, OR
 IS A LEVEL THREE SEX OFFENDER AS DETERMINED BY THE DIVISION OF  CRIMINAL
 JUSTICE  SERVICES.  FOR  PURPOSES  OF  THIS SUBDIVISION, "FAMILY MEMBER"
 SHALL MEAN A HUSBAND, WIFE,  FATHER,  MOTHER,  DAUGHTER,  SON,  BROTHER,
 SISTER, STEPPARENT, GRANDPARENT, STEPCHILD, OR GRANDCHILD.
   §  2.  Section  259-c  of the executive law is amended by adding a new
 subdivision 18 to read as follows:
   18. ASSIST LOCAL DISTRICT ATTORNEY OFFICES  WITH  THE  APPEAL  PROCESS
 ESTABLISHED  UNDER  SUBDIVISION FOURTEEN OF SECTION SEVEN HUNDRED OF THE
 COUNTY LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15225-04-8

2017-S8327A (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Amd §700, County L; amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3179
2021-2022: S6161
2023-2024: S4768
2025-2026: S7092

2017-S8327A (ACTIVE) - Summary

Relates to creating an appeals process for the district attorney in the county where the crime was committed where family members of a victim or persons residing in a county where an offender committed a crime can appeal the board's decision to release the offender if the offender committed certain criminal offenses.

2017-S8327A (ACTIVE) - Sponsor Memo

2017-S8327A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8327--A
 
                             I N  S E N A T E
 
                                May 1, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the county law and the executive  law,  in  relation  to
   creating an appeals process for the district attorney

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 700 of the county law is amended by  adding  a  new
 subdivision 14 to read as follows:
   14.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 THE RELEASE OF A PERSON BY THE PAROLE BOARD, A VICTIM, FAMILY MEMBERS OF
 A VICTIM OR PERSONS RESIDING IN THE  SAME  COUNTY  WHERE  SUCH  RELEASED
 PERSON  COMMITTED  THE  OFFENSE, MAY APPEAL SUCH RELEASE TO THE DISTRICT
 ATTORNEY IN THE COUNTY WHERE  THE  CRIME  WAS  COMMITTED  TO  REQUEST  A
 REVERSAL  OF THE RELEASE DECISION.  THIS SUBDIVISION SHALL ONLY APPLY TO
 PERSONS RELEASED BY THE BOARD THAT HAVE SERVED A SENTENCE FOR AN OFFENSE
 DEFINED IN SECTION 125.20, 125.25, 130.25,  130.30,  OR  130.35  OF  THE
 PENAL  LAW,  OR IS A LEVEL THREE SEX OFFENDER AS DETERMINED BY THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES. FOR  PURPOSES  OF  THIS  SUBDIVISION,
 "FAMILY  MEMBER"  SHALL  MEAN A HUSBAND, WIFE, FATHER, MOTHER, DAUGHTER,
 SON, BROTHER, SISTER, STEPPARENT, GRANDPARENT, STEPCHILD, OR GRANDCHILD.
   § 2. Section 259-c of the executive law is amended  by  adding  a  new
 subdivision 18 to read as follows:
   18.  ASSIST  LOCAL  DISTRICT  ATTORNEY OFFICES WITH THE APPEAL PROCESS
 ESTABLISHED UNDER SUBDIVISION FOURTEEN OF SECTION SEVEN HUNDRED  OF  THE
 COUNTY LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15225-05-8

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