Assembly Bill A5335

2021-2022 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

download bill text pdf

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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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2021-A5335 (ACTIVE) - Details

See Senate Version of this Bill:
S2046
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§390.30 & 440.50, CP L; amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6583, S4127
2023-2024: A5548, S2733

2021-A5335 (ACTIVE) - Summary

Requires that all victim impact statements in New York state be video recorded; 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.

2021-A5335 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5335
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee 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.
                                                            LBD04234-01-1

              

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