Bill Text: NY S02046 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires that all victim impact statements in New York state be video recorded; requires that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S02046 Detail]
Download: New_York-2021-S02046-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2046 2021-2022 Regular Sessions IN SENATE January 19, 2021 ___________ Introduced by Sens. TEDISCO, GALLIVAN, HELMING, JORDAN, ORTT, SERINO -- 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 requiring that all victim impact statements in New York state be video recorded; and to amend the executive law, in relation to requiring that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 3 of section 390.30 of the 2 criminal procedure law, as amended by chapter 618 of the laws of 1992, 3 is amended to read as follows: 4 (b) The report shall also contain a video recorded victim impact 5 statement, unless it appears that such information would be of no rele- 6 vance to the recommendation or court disposition, which shall include an 7 analysis of the victim's version of the offense, the extent of physical, 8 emotional or psychological injury or economic loss and the actual out- 9 of-pocket loss to the victim and the views of the victim relating to 10 disposition including the amount of restitution and reparation sought by 11 the victim after the victim has been informed of the right to seek 12 restitution and reparation, subject to the availability of such informa- 13 tion. In the case of a homicide or where the victim is unable to assist 14 in the preparation of the victim impact statement, the information may 15 be acquired from the victim's family or representative. The victim 16 impact statement shall be made available to the victim by the prosecutor 17 pursuant to subdivision two of section 390.50 of this article. Nothing 18 contained in this section shall be interpreted to require that a victim 19 supply information for the preparation of this report. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04234-01-1S. 2046 2 1 § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as 2 amended by chapter 193 of the laws of 2017, is amended to read as 3 follows: 4 1. Upon the request of a victim of a crime, or in any event in all 5 cases in which the final disposition includes a conviction of a violent 6 felony offense as defined in section 70.02 of the penal law, a felony 7 defined in article one hundred twenty-five of such law, or a felony 8 defined in article one hundred thirty of such law, the district attorney 9 shall, within sixty days of the final disposition of the case, inform 10 the victim by letter of such final disposition. If such final disposi- 11 tion results in the commitment of the defendant to the custody of the 12 department of corrections and community supervision for an indeterminate 13 or combined sentence, the notice provided to the crime victim shall also 14 inform the victim of his or her right to submit [a written,] an audio- 15 taped, telephonic, or [videotaped] video recorded victim impact state- 16 ment to the department of corrections and community supervision or to 17 meet personally with a member of the state board of parole at a time and 18 place separate from the personal interview between a member or members 19 of the board and the inmate and make such a statement, subject to proce- 20 dures and limitations contained in rules of the board, both pursuant to 21 subdivision two of section two hundred fifty-nine-i of the executive 22 law. A copy of such [letter] statement shall be provided to the board of 23 parole and all presiding commissioners for such hearing. The right of 24 the victim under this subdivision to submit a [written] victim impact 25 statement in any format or to meet personally with a member of the state 26 board of parole applies to each personal interview between a member or 27 members of the board and the inmate. 28 § 3. Subdivision 2 of section 259-i of the executive law is amended by 29 adding a new paragraph (f) to read as follows: 30 (f) Prior to the conduct of any parole hearing as provided in this 31 article, the members of the board and all presiding commissioners for 32 such hearing shall review all victim impact statements relating to the 33 offense or offenses of which the inmate has been convicted, including 34 victim impact statements provided in connection with the pre-sentencing 35 report and victim impact statements provided directly to the parole 36 board. All victim impact statements provided directly to the parole 37 board shall be video recorded. Failure to review statements as provided 38 in this section shall render such hearing invalid. 39 § 4. This act shall take effect on the ninetieth day after it shall 40 have become a law. Effective immediately the addition, amendment and/or 41 repeal of any rule or regulation necessary for the implementation of 42 this act on its effective date are authorized to be made and completed 43 on or before such date.