Bill Text: NY A05930 | 2019-2020 | 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 2-0)

Status: (Introduced) 2019-02-20 - referred to correction [A05930 Detail]

Download: New_York-2019-A05930-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5930
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
          COLTON -- 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    § 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
    24  vehicle and traffic law shall not  be  released  on  parole  unless  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09857-01-9

        A. 5930                             2
     1  victim  or  victim's  representative,  as defined in section two hundred
     2  fifty-nine-i of this article, shall have been consulted with and given a
     3  reasonable opportunity to make a victim  impact  statement  pursuant  to
     4  section 440.50 of the criminal procedure law;
     5    §  3.  This  act  shall  take  effect  immediately  and shall apply to
     6  violations of section 1192 of the vehicle and traffic law  committed  on
     7  or  after  such  date;  provided that the amendments to subdivision 1 of
     8  section 259-c of the executive law, made by section  one  of  this  act,
     9  shall  not affect the expiration of such subdivision, pursuant to subdi-
    10  vision d of section 74 of chapter 3 of the laws  of  1995,  as  amended,
    11  when upon such date section two of this act shall take effect.
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