Bill Text: NY S04768 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to creating an appeals process for the district attorney in the county where the crime was committed where family members of a victim or persons residing in a county where an offender committed a crime can appeal the board's decision to release the offender if the offender committed certain criminal offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LOCAL GOVERNMENT [S04768 Detail]

Download: New_York-2023-S04768-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4768

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the county law and the executive  law,  in  relation  to
          creating an appeals process for the district attorney

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 700 of the county law is amended by  adding  a  new
     2  subdivision 14 to read as follows:
     3    14.  Notwithstanding  any other provision of law to the contrary, upon
     4  the release of a person by the parole board, a victim, family members of
     5  a victim or persons residing in the  same  county  where  such  released
     6  person  committed  the  offense, may appeal such release to the district
     7  attorney in the county where  the  crime  was  committed  to  request  a
     8  reversal  of the release decision.  This subdivision shall only apply to
     9  persons released by the board that have served a sentence for an offense
    10  defined in section 125.20, 125.25, 130.25,  130.30,  or  130.35  of  the
    11  penal  law,  or is a level three sex offender as determined by the divi-
    12  sion of criminal justice services. For  purposes  of  this  subdivision,
    13  "family  member"  shall  mean a husband, wife, father, mother, daughter,
    14  son, brother, sister, stepparent, grandparent, stepchild, or grandchild.
    15    § 2. Section 259-c of the executive law is amended  by  adding  a  new
    16  subdivision 18 to read as follows:
    17    18.  assist  local  district  attorney offices with the appeal process
    18  established under subdivision fourteen of section seven hundred  of  the
    19  county law.
    20    § 3. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08738-01-3