NY State Senate Bill 2023-S2733A

Senate Bill S2733A

2023-2024 Legislative Session

Allows 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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Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 14, 2023	print number 2733a
Apr 14, 2023	amend (t) and recommit to codes
Jan 24, 2023	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S2733 - Details

See Assembly Version of this Bill:: A6459
Current Committee:: Senate 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: S4127
2021-2022: S2046

2023-S2733 - Summary

Allows 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.

2023-S2733 - Sponsor Memo

                                 
BILL NUMBER: S2733

SPONSOR: TEDISCO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure all victim impact statements in
New York state be video recorded, and require that the members of the
parole board review all relevant victim impact statements prior to the
conduct of a parole hearing

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 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
by adding video recording, "physical, emotional and psychological" inju-
ry and a "representative" to the report provided to parole boards.

§ 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended by chapter 193 of the laws of 2017 provides additional guide-
lines for the provision of statements to commissioners.

§ 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 arti-
cle, the member of the board and all presiding commissioners f or 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.

 
JUSTIFICATION:

During a legislative hearing in the fall of 2018, we as lawmakers heard
some powerful testimony on the need for reforming the parole system and
making it more responsive to crime victims and their families.

Among those testifying were Regina and Michael Stewart of Clifton Park,
the parents of the late Christopher F. Stewart, who was tragically
killed in 2012 by a drunk, drugged and dangerous driver.

Stewart was 17 years-old and co-captain of the Shenendehowa Football
Team. Shen student Deanna Rivers also lost her life in the incident and
students Matthew Hardy and Bailey Wind were seriously injured.

While the individual who killed Christopher Stewart and Deanna Rivers
was recently denied parole, he will be up for another parole hearing in
two years, causing further anguish for the families who will have to go
through the process again.

Shockingly, when victims and families give their impact statements to
the Parole Board, they only speak to one board member, with no guarantee
that individual will be on the three-person panel that makes the deci-
sion as to whether to grant parole or not. This frustrating situation is
faced by all crime victims and their families who want to make their
voices heard to the Parole Board.  This legislation will give more tools
to parole boards, so they are better equipped to make critical decisions
that ultimately affect public safety.

 
PRIOR LEGISLATIVE HISTORY:

03/01/19: S.4127 REFERRED TO CODES

01/08/20: S.4127 REFERRED TO CODES

01/19/21: S.2046 REFERRED TO CODES

01/05/22: S.2046 REFERRED TO CODES

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately the addition, amendment and/o r
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.

2023-S2733 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2733
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  GALLIVAN,  HELMING, MATTERA, OBERACKER,
   ORTT, PALUMBO, STEC, WEIK -- 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.
                                                            LBD04782-01-3
 S. 2733                             2

 
   § 2. 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.  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,  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 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  incarcerated  individ-
 ual.
   § 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  INCARCERATED  INDIVIDUAL  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  INVAL-
 ID.
   §  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.

co-Sponsors

View additional co-sponsors

2023-S2733A (ACTIVE) - Details

See Assembly Version of this Bill:: A6459
Current Committee:: Senate 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: S4127
2021-2022: S2046

2023-S2733A (ACTIVE) - Summary

2023-S2733A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2733A

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to allowing
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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure all victim impact statements in
New York state be video recorded, and require that the members of the
parole board review all relevant victim impact statements prior to the
conduct of a parole hearing

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 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
by adding a victim's family or "representative" to the report provided
to parole boards.

§ 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended by chapter 193 of the laws of 2017 provides additional guide-
lines for the provision of statements to commissioners.

§ 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 arti-
cle, the member of the board and all presiding commissioners f or 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.

 
JUSTIFICATION:

During a legislative hearing in the fall of 2018, we as lawmakers heard
some powerful testimony on the need for reforming the parole system and
making it more responsive to crime victims and their families.

Among those testifying were Regina and Michael Stewart of Clifton Park,
the parents of the late Christopher F. Stewart, who was tragically
killed in 2012 by a drunk, drugged and dangerous driver.

Stewart was 17 years-old and co-captain of the Shenendehowa Football
Team. When student Deanna Rivers also lost her life in the incident and
students Matthew Hardy and Bailey Wind were seriously injured.

While the individual who killed Christopher Stewart and Deanna Rivers
was recently denied parole, he will be up for another parole hearing in
two years, causing further anguish for the families who will have to go
through the process again.

Shockingly, when victims and families give their impact statements to
the Parole Board, they only speak to one board member, with no guarantee
that individual will be on the three-person panel that makes the deci-
sion as to whether to grant parole or not. This frustrating situation is
faced by all crime victims and their families who want to make their
voices heard to the Parole Board.  This legislation will give more tools
to parole boards, so they are better equipped to make critical decisions
that ultimately affect public safety.

 
PRIOR LEGISLATIVE HISTORY:

03/01/19: S.4127 REFERRED TO CODES

01/08/20: S.4127 REFERRED TO CODES

01/19/21: S.2046 REFERRED TO CODES

01/05/22: S.2046 REFERRED TO CODES

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately the addition, amendment and/o r
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.

2023-S2733A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2733--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  GALLIVAN,  HELMING, MATTERA, OBERACKER,
   ORTT, PALUMBO, STEC, WEIK -- read twice and ordered printed, and  when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the criminal procedure  law,  in  relation  to  allowing
   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 victim impact statement, unless it
 appears  that such information would be of no relevance to the recommen-
 dation or court disposition, which shall  include  an  analysis  of  the
 victim's  version  of the offense, the extent of 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 availabili-
 ty of such information. 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 arti-
 cle. 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.
                                                            LBD04782-03-3

 S. 2733--A                          2
 
   § 2. 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.  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,  audiotaped,
 or [videotaped] VIDEO RECORDED victim impact statement to the department
 of  corrections  and  community  supervision  or to meet [personally] IN
 PERSON OR BY VIDEO CONFERENCE 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 subdivision two of section two
 hundred fifty-nine-i of the executive law. A  copy  of  such  letter  OR
 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] IN PERSON OR BY VIDEO CONFERENCE with  a  member
 of  the state board of parole applies to each personal interview between
 a member or members of the board and the incarcerated individual.
   § 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  INCARCERATED  INDIVIDUAL 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.  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.

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Senate Bill S2733A

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S2733 - Details

2023-S2733 - Summary

2023-S2733 - Sponsor Memo

2023-S2733 - Bill Text download pdf

co-Sponsors

2023-S2733A (ACTIVE) - Details

2023-S2733A (ACTIVE) - Summary

2023-S2733A (ACTIVE) - Sponsor Memo

2023-S2733A (ACTIVE) - Bill Text download pdf

Comments