Bill Text: NY A04963 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that the district attorney must give not less than ten days notice to the victim or victims of a crime in a case where he is considering giving the defendant less than the mandatory sentence.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04963 Detail]

Download: New_York-2011-A04963-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4963
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced by M. of A. MAYERSOHN, SCHIMMINGER, HOOPER -- Multi-Sponsored
         by  --  M.  of  A.    COLTON, GALEF, PHEFFER, SWEENEY -- read once and
         referred to the Committee on Governmental Operations
       AN ACT to amend the executive law, in relation  to  fair  treatment  for
         crime  victims  and  in  relation  to interim probation supervision of
         offenders who are  subject  to  mandatory  indeterminate  sentence  of
         imprisonment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  642-b
    2  to read as follows:
    3    S  642-B. FAIR TREATMENT OF VICTIMS IN CASES WHERE THE DISTRICT ATTOR-
    4  NEY IS CONSIDERING WAIVER OF MANDATORY SENTENCE. 1. IN  THE  CASE  OF  A
    5  VICTIM  OF  A  FELONY, IF THE INDICTMENT BASED UPON THAT CRIMINAL TRANS-
    6  ACTION CHARGES AN OFFENSE FOR WHICH AN INDETERMINATE SENTENCE OF  IMPRI-
    7  SONMENT MUST BE IMPOSED OR IF THE DEFENDANT IS A PERSON WHO BY REASON OF
    8  A  PRIOR FELONY CONVICTION WOULD BE SUBJECT TO AN INDETERMINATE SENTENCE
    9  OF IMPRISONMENT UPON CONVICTION OF THE OFFENSE CHARGED  IN  THE  INDICT-
   10  MENT, THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
   11  INAL JUSTICE SERVICES SHALL PROVIDE THAT THE DISTRICT ATTORNEY MUST GIVE
   12  THE  VICTIM  NOTICE  AND A STATEMENT OF REASONS IN WRITING NOT LESS THAN
   13  TEN DAYS PRIOR TO TAKING ANY OF THE FOLLOWING ACTIONS:
   14    (A) CONSENTING TO A PLEA OF GUILTY THAT DOES NOT INCLUDE  AT  LEAST  A
   15  PLEA  OF GUILTY TO AN OFFENSE THAT REQUIRES AN INDETERMINATE SENTENCE OF
   16  IMPRISONMENT;
   17    (B) MOVING FOR OR CONSENTING TO DISMISSAL OF THE INDICTMENT OR OF  ANY
   18  COUNT  THEREIN  THAT CHARGES A CRIME FOR WHICH AN INDETERMINATE SENTENCE
   19  OF IMPRISONMENT MUST BE IMPOSED; OR
   20    (C) MOVING FOR OR CONSENTING TO AN ADJOURNMENT OF SENTENCING TO A DATE
   21  LATER THAN NINETY DAYS FROM THE DATE THE PLEA OR VERDICT WAS ENTERED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08648-01-1
       A. 4963                             2
    1    2. ANY SUCH NOTICE SHALL ADVISE THE VICTIM OF THE TIME AND PLACE  WHEN
    2  THE  MOTION  IS  TO  BE  MADE  OR  THE CONSENT IS TO BE GIVEN AND OF THE
    3  VICTIM'S RIGHT TO BE PRESENT AND TO SUBMIT A WRITTEN  STATEMENT  TO  THE
    4  COURT  IN  OPPOSITION  TO THE COURT'S APPROVAL OF THE DISMISSAL, PLEA OR
    5  ADJOURNMENT.
    6    3. THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMI-
    7  NAL  JUSTICE SERVICES SHALL REQUIRE THAT A COPY OF THE NOTICE AND STATE-
    8  MENT OF REASONS BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
    9  ALONG  WITH  A SUMMARY OF THE FINAL DISPOSITION OF EACH COUNT CHARGED IN
   10  AN INDICTMENT AGAINST THE DEFENDANT AS A RESULT OF THE  CRIMINAL  TRANS-
   11  ACTION  INVOLVING THAT VICTIM. AN ANALYSIS OF THIS MATERIAL SHALL BE SET
   12  FORTH BY THE DIVISION IN ITS ANNUAL  REPORT  TO  THE  GOVERNOR  AND  THE
   13  LEGISLATURE  AND THE DOCUMENTS AS FILED WITH THE DIVISION SHALL BE MAIN-
   14  TAINED FOR A PERIOD OF THREE YEARS IN A  SPECIAL  FILE  WHICH  SHALL  BE
   15  AVAILABLE FOR PUBLIC INSPECTION.
   16    4. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
   17  NOT  ALLOCATE  ANY FUNDS TO OR FOR THE USE OF A DISTRICT ATTORNEY UNLESS
   18  THE  COMMISSIONER  IS  SATISFIED,  AFTER  SPECIFIC  INQUIRY,  THAT  SUCH
   19  DISTRICT  ATTORNEY  IS  IN SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF
   20  THIS SECTION.
   21    S 2. Section 243 of the executive law  is  amended  by  adding  a  new
   22  subdivision 5 to read as follows:
   23    5.  THE  RULES  ADOPTED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL
   24  PROVIDE THAT PROBATION OFFICERS AND  CORRECTIONAL  ALTERNATIVE  PROGRAMS
   25  SHALL  NOT ENGAGE IN SUPERVISION OF OR ADMINISTER COMMUNITY BASED ALTER-
   26  NATIVE OR INTERIM PROGRAMS FOR OFFENDERS WHO HAVE PLEADED GUILTY  TO  OR
   27  BEEN  FOUND  GUILTY  OF  A FELONY FOR WHICH AN INDETERMINATE SENTENCE OF
   28  IMPRISONMENT IS REQUIRED UNDER THE PENAL LAW AND WHO ARE AWAITING  IMPO-
   29  SITION OF SENTENCE.
   30    S 3. This act shall take effect on the one hundred twentieth day after
   31  it  shall have become a law, provided however, that effective immediate-
   32  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   33  necessary  for  the implementation of the foregoing sections of this act
   34  on their effective date are authorized  and  directed  to  be  made  and
   35  completed on or before such effective date.