Bill Text: NY A05489 | 2013-2014 | General Assembly | Introduced
Bill Title: Prohibits release on parole of inmates convicted of felony DWI and serving a term of at least one year until victim has notice and opportunity to make victim impact statement.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-01-08 - referred to correction [A05489 Detail]
Download: New_York-2013-A05489-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5489
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, SWEENEY, ORTIZ -- Multi-Sponsored by
-- M. of A. COLTON, HOOPER -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to prohibiting release of
inmates convicted of a crime of driving while intoxicated until victim
has had notice and the opportunity to make a victim impact statement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 259-c of the executive law, as
2 amended by section 38-b of subpart A of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 1. have the power and duty of determining which inmates serving an
5 indeterminate or determinate sentence of imprisonment may be released on
6 parole, or on medical parole pursuant to section two hundred
7 fifty-nine-r or section two hundred fifty-nine-s of this article, and
8 when and under what conditions; PROVIDED, HOWEVER, THAT ANY SUCH INMATE
9 SERVING A TERM OF AT LEAST ONE YEAR FOR A FELONY CONVICTION THAT
10 INCLUDES A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE
11 AND TRAFFIC LAW SHALL NOT BE RELEASED ON PAROLE UNLESS THE VICTIM OR
12 VICTIM'S REPRESENTATIVE, AS DEFINED IN SECTION TWO HUNDRED FIFTY-NINE-I
13 OF THIS ARTICLE, SHALL HAVE BEEN CONSULTED WITH AND GIVEN A REASONABLE
14 OPPORTUNITY TO MAKE A VICTIM IMPACT STATEMENT PURSUANT TO SECTION 440.50
15 OF THE CRIMINAL PROCEDURE LAW;
16 S 2. Subdivision 1 of section 259-c of the executive law, as amended
17 by chapter 55 of the laws of 1992, is amended to read as follows:
18 1. have the power and duty of determining which inmates serving an
19 indeterminate sentence of imprisonment may be released on parole, or on
20 medical parole pursuant to section two hundred fifty-nine-r of this
21 article, and when and under what conditions; PROVIDED, HOWEVER, THAT ANY
22 SUCH INMATE SERVING A TERM OF AT LEAST ONE YEAR FOR A FELONY CONVICTION
23 THAT INCLUDES A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09225-01-3
A. 5489 2
1 VEHICLE AND TRAFFIC LAW SHALL NOT BE RELEASED ON PAROLE UNLESS THE
2 VICTIM OR VICTIM'S REPRESENTATIVE, AS DEFINED IN SECTION TWO HUNDRED
3 FIFTY-NINE-I OF THIS ARTICLE, SHALL HAVE BEEN CONSULTED WITH AND GIVEN A
4 REASONABLE OPPORTUNITY TO MAKE A VICTIM IMPACT STATEMENT PURSUANT TO
5 SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW;
6 S 3. This act shall take effect immediately and shall apply to
7 violations of section 1192 of the vehicle and traffic law committed on
8 or after such date; provided that the amendments to subdivision 1 of
9 section 259-c of the executive law, made by section one of this act,
10 shall not affect the expiration of such subdivision, pursuant to subdi-
11 vision d of section 74 of chapter 3 of the laws of 1995, as amended,
12 when upon such date section two of this act shall take effect.
