Bill Text: NY A09325 | 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 2-0)

Status: (Introduced - Dead) 2012-02-16 - referred to governmental operations [A09325 Detail]

Download: New_York-2011-A09325-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9325
                                 I N  A S S E M B L Y
                                   February 16, 2012
                                      ___________
       Introduced  by  M.  of  A.  SIMANOWITZ  -- 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.
   22    2. ANY SUCH NOTICE SHALL ADVISE THE VICTIM OF THE TIME AND PLACE  WHEN
   23  THE  MOTION  IS  TO  BE  MADE  OR  THE CONSENT IS TO BE GIVEN AND OF THE
   24  VICTIM'S RIGHT TO BE PRESENT AND TO SUBMIT A WRITTEN  STATEMENT  TO  THE
   25  COURT  IN  OPPOSITION  TO THE COURT'S APPROVAL OF THE DISMISSAL, PLEA OR
   26  ADJOURNMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08648-02-2
       A. 9325                             2
    1    3. THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMI-
    2  NAL JUSTICE SERVICES SHALL REQUIRE THAT A COPY OF THE NOTICE AND  STATE-
    3  MENT  OF REASONS BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES
    4  ALONG WITH A SUMMARY OF THE FINAL DISPOSITION OF EACH COUNT  CHARGED  IN
    5  AN  INDICTMENT  AGAINST THE DEFENDANT AS A RESULT OF THE CRIMINAL TRANS-
    6  ACTION INVOLVING THAT VICTIM. AN ANALYSIS OF THIS MATERIAL SHALL BE  SET
    7  FORTH  BY  THE  DIVISION  IN  ITS  ANNUAL REPORT TO THE GOVERNOR AND THE
    8  LEGISLATURE AND THE DOCUMENTS AS FILED WITH THE DIVISION SHALL BE  MAIN-
    9  TAINED  FOR  A  PERIOD  OF  THREE YEARS IN A SPECIAL FILE WHICH SHALL BE
   10  AVAILABLE FOR PUBLIC INSPECTION.
   11    4. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
   12  NOT ALLOCATE ANY FUNDS TO OR FOR THE USE OF A DISTRICT  ATTORNEY  UNLESS
   13  THE  COMMISSIONER  IS  SATISFIED,  AFTER  SPECIFIC  INQUIRY,  THAT  SUCH
   14  DISTRICT ATTORNEY IS IN SUBSTANTIAL COMPLIANCE WITH  THE  PROVISIONS  OF
   15  THIS SECTION.
   16    S  2.  Section  243  of  the  executive law is amended by adding a new
   17  subdivision 5 to read as follows:
   18    5. THE RULES ADOPTED BY THE DIRECTOR PURSUANT TO  THIS  SECTION  SHALL
   19  PROVIDE  THAT  PROBATION  OFFICERS AND CORRECTIONAL ALTERNATIVE PROGRAMS
   20  SHALL NOT ENGAGE IN SUPERVISION OF OR ADMINISTER COMMUNITY BASED  ALTER-
   21  NATIVE  OR  INTERIM PROGRAMS FOR OFFENDERS WHO HAVE PLEADED GUILTY TO OR
   22  BEEN FOUND GUILTY OF A FELONY FOR WHICH  AN  INDETERMINATE  SENTENCE  OF
   23  IMPRISONMENT  IS REQUIRED UNDER THE PENAL LAW AND WHO ARE AWAITING IMPO-
   24  SITION OF SENTENCE.
   25    S 3. This act shall take effect on the one hundred twentieth day after
   26  it shall have become a law, provided however, that effective  immediate-
   27  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   28  necessary for the implementation of the foregoing sections of  this  act
   29  on  their  effective  date  are  authorized to be made on or before such
   30  effective date.