Allows 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 and to sign a written attestation confirming that they have done so.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6459A
SPONSOR: McDonald TITLE OF BILL:
An act to amend the criminal procedure law, in relation to allowing
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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that victim impact statements in
New York state have the option to be video recorded, and require that
the presiding commissioners of the parole board review all relevant
victim impact statements prior to the conduct of a parole hearing
SUMMARY OF PROVISIONS:
§ 1. Paragraph (b) of subdivision 3 of section 390.30 of the criminal
procedure law, as amended by chapter 618 of the laws of 1992, is amended
by adding video recorded option for victim impact statements to the
report provided to the parole board.
§ 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended by chapter 193 of the laws of 2017 provides additional guide-
lines for the provision of statements to commissioners.
§ 3. Subdivision 2 of section 259-i of the executive law is amended to
require presiding commissioners and board members to review the state-
ments prior to the hearing.
§ 4. Establishes the effective date.
JUSTIFICATION:
During a legislative hearing in the fall of 2018, lawmakers heard power-
ful testimony on the need to look at the parole system and making it
more responsive to crime victims and their families.
Among those testifying were Regina and Michael Stewart of Clifton Park,
the parents of the late Christopher F. Stewart, who was tragically
killed in 2012 by a drunk; drugged, and dangerous driver.
Stewart was 17 years-old and co-captain of the Shenendehowa Football
Team. Shen student Deanna Rivers also lost her life in the incident and
students Matthew Hardy and Bailey Wind were seriously injured.
While the individual who killed Christopher Stewart and Deanna Rivers
was recently denied parole, he will be up for another parole hearing in
two years, causing further anguish for the families who will have to go
through the process again. Shockingly, when victims and families give
their impact statements to the Parole Board, they only speak to one
board member, with no guarantee that individual will be on the three-
person panel that makes the decision as to whether to grant parole or
Rot. This frustrating situation is faced by all crime victims and their
families who want to make their voices heard to the Parole Board.
This legislation will give more tools to parole boards, so they are
better equipped to make critical decisions that ultimately affect public
safety.
PRIOR LEGISLATIVE HISTORY:
2022: A.5548/S.2733
FISCAL IMPACTS:
None to the state
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
STATE OF NEW YORK
________________________________________________________________________
6459--A
2023-2024 Regular Sessions
IN ASSEMBLY
April 11, 2023
___________
Introduced by M. of A. McDONALD, BRABENEC, BURDICK, ZEBROWSKI, GUNTHER,
WOERNER, COLTON, ZACCARO, BENDETT, ANGELINO, K. BROWN, DeSTEFANO,
MCGOWAN -- read once and referred to the Committee on Codes -- recom-
mitted to the Committee on Codes in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to allowing
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 victim impact statement, unless it
5 appears that such information would be of no relevance to the recommen-
6 dation or court disposition, which shall include an analysis of the
7 victim's version of the offense, the extent of injury or economic loss
8 and the actual out-of-pocket loss to the victim and the views of the
9 victim relating to disposition including the amount of restitution and
10 reparation sought by the victim after the victim has been informed of
11 the right to seek restitution and reparation, subject to the availabili-
12 ty of such information. In the case of a homicide or where the victim is
13 unable to assist in the preparation of the victim impact statement, the
14 information may be acquired from the victim's family or representative.
15 The victim impact statement shall be made available to the victim by the
16 prosecutor pursuant to subdivision two of section 390.50 of this arti-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04782-05-4
A. 6459--A 2
1 cle. Nothing contained in this section shall be interpreted to require
2 that a victim supply information for the preparation of this report.
3 § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
4 amended by chapter 322 of the laws of 2021, is amended to read as
5 follows:
6 1. Upon the request of a victim of a crime, or in any event in all
7 cases in which the final disposition includes a conviction of a violent
8 felony offense as defined in section 70.02 of the penal law, a felony
9 defined in article one hundred twenty-five of such law, or a felony
10 defined in article one hundred thirty of such law, the district attorney
11 shall, within sixty days of the final disposition of the case, inform
12 the victim by letter of such final disposition. If such final disposi-
13 tion results in the commitment of the defendant to the custody of the
14 department of corrections and community supervision for an indeterminate
15 or combined sentence, the notice provided to the crime victim shall also
16 inform the victim of [his or her] the victim's right to submit a writ-
17 ten, audiotaped, or [videotaped] video recorded victim impact statement
18 to the department of corrections and community supervision or to meet
19 [personally] in person or by video conference with a member of the state
20 board of parole at a time and place separate from the personal interview
21 between a member or members of the board and the incarcerated individual
22 and make such a statement, subject to procedures and limitations
23 contained in rules of the board, both pursuant to subdivision two of
24 section two hundred fifty-nine-i of the executive law. A copy of such
25 letter or statement shall be provided to the board of parole and all
26 presiding commissioners for such hearing. The right of the victim under
27 this subdivision to submit a [written] victim impact statement in any
28 format or to meet [personally] in person or by video conference with a
29 member of the state board of parole applies to each personal interview
30 between a member or members of the board and the incarcerated individ-
31 ual.
32 § 3. Subdivision 2 of section 259-i of the executive law is amended by
33 adding a new paragraph (f) to read as follows:
34 (f) Prior to the conduct of any parole hearing as provided in this
35 article, the members of the board and all presiding commissioners for
36 such hearing shall review all victim impact statements relating to the
37 offense or offenses of which the incarcerated individual has been
38 convicted, including victim impact statements provided in connection
39 with the pre-sentencing report and victim impact statements provided
40 directly to the parole board. The presiding commissioners and members
41 of the board that participate in the hearing shall sign a written attes-
42 tation confirming that they have reviewed the victim impact statements
43 prior to the hearing.
44 § 4. This act shall take effect on the ninetieth day after it shall
45 have become a law. Effective immediately the addition, amendment and/or
46 repeal of any rule or regulation necessary for the implementation of
47 this act on its effective date are authorized to be made and completed
48 on or before such date.
