assembly Bill A8817

2021-2022 Legislative Session

Requires notice to crime victims that he or she has the right to attend interviews between the board of parole and incarcerated individual; requires the board of parole to review victim impact statements

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2022 held for consideration in codes
Jan 12, 2022 referred to codes

Co-Sponsors

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A8817 (ACTIVE) - Details

See Senate Version of this Bill:
S8201
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L; amd §259-i, Exec L

A8817 (ACTIVE) - Summary

Requires the notice to crime victims of case disposition to inform the victim that he or she has the right to attend interviews between the board of parole and the incarcerated individual in cases where the final disposition includes a felony defined in article one hundred twenty-five of the penal law that results in the commitment of the defendant to the custody of the department of corrections and community supervision for an indeterminate sentence; requires the board of parole to review victim impact statements, failure to review such statements shall make a hearing by the board of parole invalid.

A8817 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8817
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to requiring the
   notice  to crime victims of case disposition to inform the victim that
   he or she has the right to attend  interviews  between  the  board  of
   parole and incarcerated individual; and to amend the executive law, in
   relation  to  requiring  the  board  of parole to review victim impact
   statements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 440.50 of the criminal procedure
 law, as amended by chapter 322 of the laws of 2021, is amended  to  read
 as follows:
   1. (A) Upon the request of a victim of a crime, or in any event in all
 cases  in which the final disposition includes a conviction of a violent
 felony offense as defined in section 70.02 of the penal  law,  a  felony
 defined  in  article  one  hundred  twenty-five of such law, or a felony
 defined in article one hundred thirty of such law, the district attorney
 shall, within sixty days of the final disposition of  the  case,  inform
 the  victim  by letter of such final disposition. If such final disposi-
 tion results in the commitment of the defendant to the  custody  of  the
 department of corrections and community supervision for an indeterminate
 sentence,  the notice provided to the crime victim shall also inform the
 victim of his or her right to submit a written, audiotaped,  TELEPHONIC,
 or [videotaped] VIDEO RECORDED victim impact statement to the department
 of  corrections  and  community supervision or to meet personally with a
 member of the state board of parole at a time and  place  separate  from
 the  personal interview between a member or members of the board and the
 incarcerated individual and make such a statement, subject to procedures
 and limitations contained in rules of the board, both pursuant to subdi-
 vision two of section two hundred fifty-nine-i of the executive  law.  A
 copy of such [letter] STATEMENT shall be provided to the board of parole
 AND  ALL  PRESIDING  COMMISSIONERS  FOR  SUCH  HEARING. The right of the
 victim under this subdivision to submit a [written] victim impact state-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.