The New York State Senate

 
                     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

 A. 5335                             2
 
   § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
 amended by chapter 193 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  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
 OR COMBINED sentence, the notice provided to the crime victim shall also
 inform the victim of his or her right to submit [a written,]  AN  audio-
 taped,  TELEPHONIC,  or [videotaped] VIDEO RECORDED victim impact state-
 ment 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 inmate and make such a statement, subject to proce-
 dures and limitations contained in rules of the board, both pursuant  to
 subdivision  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
 statement IN ANY FORMAT or to meet personally with a member of the state
 board of parole applies to each personal interview between a  member  or
 members of the board and the inmate.
   § 3. Subdivision 2 of section 259-i of the executive law is amended by
 adding a new paragraph (f) to read as follows:
   (F)  PRIOR  TO  THE  CONDUCT OF ANY PAROLE HEARING AS PROVIDED IN THIS
 ARTICLE, THE MEMBERS OF THE BOARD AND ALL  PRESIDING  COMMISSIONERS  FOR
 SUCH  HEARING  SHALL REVIEW ALL VICTIM IMPACT STATEMENTS RELATING TO THE
 OFFENSE OR OFFENSES OF WHICH THE INMATE HAS  BEEN  CONVICTED,  INCLUDING
 VICTIM  IMPACT STATEMENTS PROVIDED IN CONNECTION WITH THE PRE-SENTENCING
 REPORT AND VICTIM IMPACT STATEMENTS  PROVIDED  DIRECTLY  TO  THE  PAROLE
 BOARD.  ALL  VICTIM  IMPACT  STATEMENTS  PROVIDED DIRECTLY TO THE PAROLE
 BOARD SHALL BE VIDEO RECORDED.  FAILURE TO REVIEW STATEMENTS AS PROVIDED
 IN THIS SECTION SHALL RENDER SUCH HEARING INVALID.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law. Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.