Assembly Bill A1174

2019-2020 Legislative Session

Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A1174 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.30, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2775
2011-2012: A6502
2013-2014: A1637
2015-2016: A4081
2017-2018: A2769

2019-A1174 (ACTIVE) - Summary

Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports where the court deems such inclusion to be appropriate.

2019-A1174 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1174
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M. of A. KOLB, GIGLIO, BARCLAY -- read once and referred
   to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to victim impact
   statements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (b)  of subdivision 3 of section 390.30 of the
 criminal procedure law, as amended by chapter 618 of the laws  of  1992,
 is amended to read as follows:
   (b) The report shall also contain a victim impact statement, unless it
 appears  that such information would be of no relevance to the recommen-
 dation or court disposition, which shall  include  an  analysis  of  the
 victim's  version  of the offense, the extent of injury or economic loss
 and the actual out-of-pocket loss to the victim and  the  views  of  the
 victim  relating  to disposition including the amount of restitution and
 reparation sought by the victim after the victim has  been  informed  of
 the right to seek restitution and reparation, subject to the availabili-
 ty of such information. In the case of a homicide or where the victim is
 unable  to assist in the preparation of the victim impact statement, the
 information may be acquired from the victim's family. SUCH VICTIM IMPACT
 STATEMENT MAY ALSO BE ACQUIRED FROM NEIGHBORHOOD WATCH GROUPS WHERE  THE
 COURT  DEEMS  SUCH  STATEMENTS  TO  BE  AN  APPROPRIATE INCLUSION IN THE
 REPORT. The victim impact statement  shall  be  made  available  to  the
 victim  by  the prosecutor pursuant to subdivision two of section 390.50
 of this article. Nothing contained in this section shall be  interpreted
 to  require that a victim supply information for the preparation of this
 report.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04085-01-9

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