Bill Text: NY S01210 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the commissioner of the department of corrections and community supervision in consultation with the director of the office of victim services to prepare and distribute the notification form for victims of violent felony offenses allowing them to demand to be informed regarding a name change petition by the defendant.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-05-21 - referred to codes [S01210 Detail]

Download: New_York-2013-S01210-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1210
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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  preparation
         and distribution of the notification form for victims of violent felo-
         ny offenses regarding a name change petition by the defendant
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 6 of section 380.50 of the  criminal  procedure
    2  law,  as  amended by chapter 320 of the laws of 2006, is amended to read
    3  as follows:
    4    6. Regardless of whether the victim requests to make a statement  with
    5  regard to the defendant's sentence, where the defendant is sentenced for
    6  a violent felony offense as defined in section 70.02 of the penal law or
    7  a  felony  defined in article one hundred twenty-five of such law or any
    8  of the following provisions of such law sections 130.25, 130.30, 130.40,
    9  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   10  135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32, the
   11  prosecutor shall, within sixty  days  of  the  imposition  of  sentence,
   12  provide  the victim with a form, PREPARED AND DISTRIBUTED BY THE COMMIS-
   13  SIONER OF THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  IN
   14  CONSULTATION  WITH  THE  DIRECTOR  OF  THE OFFICE OF VICTIM SERVICES, on
   15  which the victim may indicate a demand to be informed of any petition to
   16  change the name of such defendant.  Such forms shall  be  maintained  by
   17  such  prosecutor.  Upon  receipt of a notice of a petition to change the
   18  name of any such defendant,  pursuant  to  subdivision  two  of  section
   19  sixty-two  of the civil rights law, the prosecutor shall promptly notify
   20  the victim at the most current address or telephone number  provided  by
   21  such  victim in the most reasonable and expedient possible manner of the
   22  time and place such petition will be presented to the court.
   23    S 2. This act shall take effect on the thirtieth day  after  it  shall
   24  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05336-01-3