What's happening
This bill requires district attorneys to notify victims and the Board of Parole about case dispositions in certain felony cases.
Why it matters
Expands notification requirements. District attorneys would now have to notify victims (and the Board of Parole) after convictions not just for violent felonies, but also for all felonies under homicide (article 125) and sex offenses (article 130), broadening who gets information about case outcomes.
Increases transparency for parole decisions. By requiring a copy of the victim notification letter to be sent to the Board of Parole, this change ensures parole officials are directly informed about victim communications and case outcomes, potentially impacting parole hearing preparations and victim participation.
Strengthens victim involvement. The law reinforces victims' rights to submit impact statements or meet with parole board members at every parole interview, not just the first, which could give victims a more consistent voice throughout an offender’s incarceration.
Potentially improves victim services. These amendments may help close gaps where victims or the parole board might not have been fully informed, supporting more coordinated and victim-centered criminal justice processes.
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Who cares
Headline styles
Notify Victims After Felony Convictions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7439
- Ordered to third reading cal.1966
- Committee discharged and committed to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Notify Victims of Felony Convictions
Signed by Governor · Sponsor Latrice Walker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6406
2017-2018 Regular Sessions
IN SENATE
May 17, 2017
Introduced by Sen. LANZA -- (at request of the Board of Parole) -- 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 the duties of the district attorney
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 440.50 of the criminal procedure law, as amended by section 80 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
1. Upon the request of a victim of a crime, or in any event in all cases in which the final disposition includes a conviction of a violent felony offense as defined in section 70.02 of the penal law [or], a felony defined in article one hundred twenty-five of such law, or a felony defined in article one hundred thirty of such law, the district attorney shall, within sixty days of the final disposition of the case, inform the victim by letter of such final disposition. If such final disposition results in the commitment of the defendant to the custody of the department of corrections and community supervision for an indeterminate sentence, the notice provided to the crime victim shall also inform the victim of his or her right to submit a written, audiotaped, or videotaped victim impact statement to the department of corrections and community supervision or to meet personally with a member of the state board of parole at a time and place separate from the personal interview between a member or members of the board and the inmate and make such a statement, subject to procedures and limitations contained in rules of the board, both pursuant to subdivision two of section two hundred fifty-nine-i of the executive law. A copy of such letter shall be provided to the board of parole. The right of the victim under this subdivision to submit a written victim impact statement or to meet personally with a member of the state board of parole applies to each personal interview between a member or members of the board and the inmate.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10006-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to the duties of the district attorney
Purpose of the bill
This bill would require district attorneys to provide the Board of Parole with a copy of the written notice it provides to a crime victim, or his/her family, regarding the disposition of a criminal matter, and the victim's right to be heard by the Board in connection with the offender's possible release to parole.
Summary of provisions
Section 1 of the bill would amend Criminal Procedure Law § 440.50(1) to require that the office of the prosecuting district attorney provide the Board of Parole with a copy of the written notice provided to victims of felony offenses under Article 125 of the Penal Law, or violent felony offense under section 70.02 of the Penal Law, or other offenses under Article 130.
Section 2 would make this law effective immediately.
Justification
The Board of Parole currently only becomes aware of a crime victim's impact statement when the victim, or his/her representative, independently contacts the Department of Corrections and Community Supervision and provides such a statement. Unless and until that contact occurs, apart from what may be reflected in the county pre-sentence investigation report, the Board lacks useful information about the victim, their current whereabouts and what they may or may not know about their statutory right to be heard by the Parole Board. This has resulted in instances where a victim only learns about an inmate's possible release after the inmate has appeared before the Board and been granted parole.
This bill would enable the Board to gain access to information about all crime victims so that the Board can readily address matters associated with their possible submission of victim impact statements for its consideration. With this information and the Board's early interaction with victims or their families, the Board would be assured that in instances where an inmate serving a sentence for a homicide, sex offense or violent felony offense is being considered for parole, the victim or victim's representative have been contacted and apprised of their right to be heard in connection with the inmate's possible release.
This bill would also resolve a discrepancy between sections 440.50(1) and 440.50(2) to include the notification to a victim of a felony offense under Article 130 of the Penal Law. Although violent felony offenses pursuant to Section 70.02 of the Penal Law encompass some sex offenses, it does not include all felony offenses under Article 130.
Prior legislative history
This proposal was previously introduced as A.6945 (2015).
Fiscal implications
There is no fiscal impact to the State. District attorney offices would incur the costs associated with First Class mail.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.