What's happening
This bill prohibits parole release for felony DWI offenders until the victim or representative has a chance to give a victim impact statement.
Why it matters
Strengthens victims' rights by ensuring they are informed and allowed to participate in the parole process for felony DWI cases. , potentially offering victims or their families a greater sense of justice and involvement.
Could delay parole release for qualifying DWI offenders. , as the process cannot proceed until victims or their representatives are consulted and given a chance to make a statement.
May affect the administrative workload for parole boards and the criminal justice system,. since authorities will need to identify, locate, and communicate with victims or their representatives before scheduling parole hearings.
Highlights the recognition of the serious impact of felony DWI offenses on victims,. signaling a legislative intent to prioritize victim input in cases involving significant harm or loss due to impaired driving.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
1 Multi-sponsor
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5930
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. COLTON -- 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 vehicle and traffic law shall not be released on parole unless the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09857-01-9
A. 5930 2
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.