S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5930
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
   COLTON -- 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
 VEHICLE AND TRAFFIC LAW SHALL NOT  BE  RELEASED  ON  PAROLE  UNLESS  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09857-01-9

 A. 5930                             2
 
 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.