NY State Senate Bill 2023-S1815

Senate Bill S1815

2023-2024 Legislative Session

Requires victims be notified of right to make a victim impact statement and allows them to personally appear at parole hearings and make such a statement

download bill text pdf

Current Bill Status - On Floor Calendar

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2024	advanced to third reading
Feb 28, 2024	2nd report cal.
Feb 27, 2024	1st report cal.543
Jan 03, 2024	referred to codes returned to senate died in assembly
May 30, 2023	referred to codes delivered to assembly passed senate
May 22, 2023	ordered to third reading cal.1075 committee discharged and committed to rules
Jan 17, 2023	referred to codes

Votes

- May 30, 2023 - Floor Vote
  S1815
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      nay (1)
      
      Brisport
      
      excused (2)
      
      Cooney
      
      Weik
  May 22, 2023 - Rules Committee Vote
  S1815
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 22, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Ortt
  Feb 27, 2024 - Codes Committee Vote
  S1815
  
  12
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 27, 2024
      
      aye (12)
      
      Bailey
      
      Gallivan
      
      Harckham
      
      Hoylman-Sigal
      
      Kavanagh
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Persaud
      
      Ryan
      
      Sepúlveda
      
      nay (1)
      
      Brisport

2023-S1815 (ACTIVE) - Details

See Assembly Version of this Bill:: A2724
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1748
2011-2012: S1781
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2021-2022: S6647, A9074

2023-S1815 (ACTIVE) - Summary

Requires the district attorney to notify victims by letter of the final disposition of the case within sixty days of such disposition in cases where such final disposition includes a conviction; provides such letter shall also notify victims of their right to make a victim impact statement; allows them to personally appear at parole hearings and make such a statement.

2023-S1815 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1815

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
victims be informed of their right to make a victim impact statement to
the division of parole and to appear at parole hearings

 
PURPOSE OR GENERAL IDEA OF BILL:

Crime victims would be automatically notified of upcoming parole hear-
ings of their assailants, allows them to testify at those hearings, and
obligates district attorneys to inform crime victims of their right to
file a victim impact statement. Currently, most crime victims are
unaware of their right to file written crime victim impact statements or
be informed of upcoming parole hearings of their attackers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Subdivision 1 of section 440.50 of the criminal procedure
law, as amended by section 80 of subpart B of part C of chapter 62 of

the laws of 2021 is amended to require district attorneys to inform
crime victims of their right to submit a written victim impact statement
to the state division of parole and of the right to be informed of their
assailant's parole hearing. This bill also allows crime victims to
appear at the parole board hearing to make a statement before the parole
board and notifies them of this right.

Sections 2. Sets forth the effective date.

 
JUSTIFICATION:

While the mechanism to submit a victim impact statement already exists,
few crime victims are aware of their right to submit this statement, nor
are most informed of their right to be notified when their assailant is
up for parole. Many crime victims do not file written victim impact
statements, suggesting that most are unaware of the right to do so.

The effect that a crime can have on its victim(s) can be devastating,
but the criminal justice system does not encourage crime victims to
voice the impact an offense has had on them mentally, physically,
emotionally or financially. The district attorney's office, which is in
close communication with the victims, rarely informs them of their right
to file victim impact statements. The victim impact statement, if avail-
able, is put in the criminal's permanent file with the Division of
Parole and is reviewed by the parole board examining an inmate's appli-
cation for early release.

When parole boards review an inmate's application for release, insuffi-
cient consideration is given to the effect the criminal's action has had
on the victim(s). Parole board members need to be reminded of the reason
the inmate is in prison and the nature of the crime committed. Increas-
ing the response rate for victim impact statements and allowing crime
victims the opportunity to speak at parole board hearings will present
to parole boards a reminder of the impact the criminals' actions have
had on their victims.

 
PRIOR LEGISLATIVE HISTORY:
2005-2006: A.4438/S.2230 - Referred to Codes.

2007-2008: A.4741/S.2664 - Referred to Codes.

2009-2010: A.4539/S.1748 - Referred to Codes.

2011-2012: A.No same as/S.1781-A - Referred to Codes.

2013-2014: A.2409/S.476 - Referred to Codes.

2015-2016: A.89/S.3154 - Referred to Codes.

2017-2018: A.No same as/S.5220 - Referred to Codes.

2019-2020: A.No same as/S.2924 - Referred to codes.

2021-2022: A.9074/5.6647-B - Referred to Education.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2023-S1815 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1815
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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
   victims  be  informed of their right to make a victim impact statement
   to the division of parole and to appear at parole hearings

   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.  [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] IN ALL CASES IN
 WHICH THE FINAL DISPOSITION INCLUDES A CONVICTION, THE district attorney
 shall, within sixty days of [the] SUCH final disposition [of the  case],
 inform  the  victim by letter of such [final disposition] CONVICTION. If
 such final disposition 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, audio-
 taped, or videotaped  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 shall be provided to the board of parole. The right
 of the victim under this subdivision to submit a written  victim  impact
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05783-01-3

 S. 1815                             2
 
 statement  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 individual.   THE VICTIM  SHALL  ALSO  BE
 INFORMED  OF THEIR RIGHT TO VOLUNTARILY APPEAR AT THE INCARCERATED INDI-
 VIDUAL'S PERSONAL INTERVIEW AND MAKE A STATEMENT  BEFORE  THE  BOARD  OF
 PAROLE WHILE SUCH INDIVIDUAL IS PRESENT.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.