What's happening
This bill prohibits parole release for inmates convicted of felony DWI unless the victim or representative is notified and allowed a victim impact statement.
Why it matters
Strengthens victims’ rights. by ensuring that anyone harmed by a felony DWI (Driving While Intoxicated) conviction—or their representative—must be consulted and given a real chance to present a victim impact statement before the offender can be considered for parole, giving victims a more meaningful voice in the parole process.
Places new procedural requirements on parole boards. , potentially slowing or complicating release decisions for DWI felons, as the board cannot proceed without documented efforts to notify victims or their representatives and solicit their input.
May affect sentencing and rehabilitation outcomes. for felony DWI offenders: By making parole release more stringent for these cases, the bill could influence both the perceived and actual consequences of DWI felonies, possibly impacting deterrence, rehabilitation programs, and prison populations.
Targets serious repeat or aggravated DWI offenses. specifically, since it only applies to felonies with at least a one-year sentence, signaling a legislative focus on the most dangerous or chronic impaired driving behaviors and their consequences for victims.
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Who cares
Headline styles
Victims Speak Before Parole
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7249
2017-2018 Regular Sessions
IN ASSEMBLY
April 12, 2017
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. COLTON, HOOPER -- read once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to prohibiting release of inmates convicted of a crime of driving while intoxicated until victim has had notice and the opportunity to make a victim impact statement
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
1. have the power and duty of determining which inmates serving an indeterminate or determinate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r or section two hundred fifty-nine-s of this article, and when and under what conditions; provided, however, that any such inmate serving a term of at least one year for a felony conviction that includes a violation of section eleven hundred ninety-two of the vehicle and traffic law shall not be released on parole unless the victim or victim's representative, as defined in section two hundred fifty-nine-i of this article, shall have been consulted with and given a reasonable opportunity to make a victim impact statement pursuant to section 440.50 of the criminal procedure law;
§ 2. Subdivision 1 of section 259-c of the executive law, as amended by chapter 55 of the laws of 1992, is amended to read as follows:
1. have the power and duty of determining which inmates serving an indeterminate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r of this article, and when and under what conditions; provided, however, that any such inmate serving a term of at least one year for a felony conviction that includes a violation of section eleven hundred ninety-two of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03321-01-7
A. 7249 2
vehicle and traffic law shall not be released on parole unless the victim or victim's representative, as defined in section two hundred fifty-nine-i of this article, shall have been consulted with and given a reasonable opportunity to make a victim impact statement pursuant to section 440.50 of the criminal procedure law;
§ 3. This act shall take effect immediately and shall apply to violations of section 1192 of the vehicle and traffic law committed on or after such date; provided that the amendments to subdivision 1 of section 259-c of the executive law, made by section one of this act, shall not affect the expiration of such subdivision, pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date section two of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.