senate Bill S4127

2019-2020 Legislative Session

Requires that all victim impact statements in New York state be video recorded; requires that the members of the parole board review all relevant victim impact statements prior to the conduct of a parole hearing

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • 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
Mar 01, 2019 referred to codes

Co-Sponsors

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S4127 (ACTIVE) - Details

See Assembly Version of this Bill:
A6583
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§390.30 & 440.50, CP L; amd §259-i, Exec L

S4127 (ACTIVE) - Summary

Requires that all victim impact statements in New York state be video recorded; and requires that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing.

S4127 (ACTIVE) - Sponsor Memo

S4127 (ACTIVE) - Bill Text download pdf


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

                                  4127

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 1, 2019
                               ___________

Introduced by Sens. TEDISCO, GALLIVAN -- 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 requiring
  that all victim impact statements in New York state be video recorded;
  and to amend the executive law, in  relation  to  requiring  that  the
  members  of  the parole board and all presiding commissioners for such
  hearing review all relevant victim  impact  statements  prior  to  the
  conduct of a parole hearing

  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  VIDEO  RECORDED  victim  impact
statement,  unless it appears that such information would be of no rele-
vance to the recommendation or court disposition, which shall include an
analysis of the victim's version of the offense, the extent of PHYSICAL,
EMOTIONAL OR PSYCHOLOGICAL 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 availability of such informa-
tion.  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  OR REPRESENTATIVE. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10039-01-9

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