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S3268Senate2019-2020 SessionSame asA7035

Require Capture of Parole Absconders

Official title

“Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole”

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

This bill, called "Cesar's law," requires the immediate issuance of a warrant and law enforcement notification when someone absconds from parole or conditional release.

Why it matters

  1. Mandates swift law enforcement action. By requiring that a warrant be issued immediately when someone absconds from parole or conditional release, the bill removes any discretion previously allowed, aiming to ensure a faster response and possibly decreasing the time absconders remain at large.

  2. Improves public safety and community awareness. The requirement for immediate notification to local law enforcement means that police will be informed right away, which could lead to quicker apprehension and potentially prevent new crimes by individuals who violate their release terms.

  3. Strengthens accountability for parole and supervision violations. By making these procedures mandatory, the bill emphasizes the seriousness of violating parole or conditional release, signaling stricter enforcement and possibly deterring others from absconding.

  4. Preserves due process rights. Even with these stricter measures, the bill ensures that absconders are still entitled to a preliminary revocation hearing, maintaining a balance between public safety and individual rights.

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Who cares

Headline styles

Require Capture of Parole Absconders

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

1 Co-sponsor

History

  1. Referred to crime victims, crime and correction
  2. Referred to crime victims, crime and correction

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.

A7035Assembly

Require Capture of Fleeing Parolees

In Assembly Committee · Correction · Sponsor Michael Cusick

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3268

2019-2020 Regular Sessions

IN SENATE

February 5, 2019

Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the executive law, in relation to the retaking of certain persons absconding from parole or other conditional release

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

Section 1. Short title. This act shall be known and may be cited as "Cesar's law".

§ 2. Paragraph (i) of subdivision 3 of section 259-i of the executive law, as amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:

(i) Where there is reasonable cause to believe that a presumptive releasee, parolee, conditional releasee or person under post-release supervision has absconded from supervision the board [may] shall declare such person to be delinquent and a warrant shall be issued for the retaking of such person and for his or her temporary detention according to the rules of the board, and the board shall immediately notify the law enforcement agency having jurisdiction of the locality in which such absconder resides. This paragraph shall not be construed to deny such person a preliminary revocation hearing upon his or her retaking, nor to relieve the department of any obligation it may have to exercise due diligence to retake the alleged absconder, nor to relieve the parolee or releasee of any obligation he or she may have to comply with the conditions of his or her release.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00137-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to the retaking of certain persons absconding from parole or other conditional release

Purpose or general idea of bill

Enacts "Cesar's Law" to require the retaking of parolees who abscond from the supervision of the State Board of Parole.

Summary of specific provisions

Section one is the short title, "Cesar's Law"

Section two amends paragraph (i) of subdivision? of section 259-I of the executive law, as amended by section 384-1 of subpart A of part C of chapter 62 of the laws of 2011.

Section three is an immediate effective date.

Justification

This legislation would create "Cesar's Law". Cesar Sanchez was a 20 year old young man who was shot outside the Berry Houses complex on Staten Island where he resided. He died two days later from his injuries. The suspect in the case was currently listed as an absconder. The suspect was released on parole in September 2011 after serving six years in prison upon pleading guilty to a lesser charge of attempted manslaughter for killing 18 year old Joseph Lopez in 2005. Had authorities acted on catching this parole violator, this tragedy would have never occurred. This legislation would require that local law enforcement be notified when A person is delinquent in reporting to their parole officer and that such law enforcement agency apprehend the absconder to protect the public from being harmed from the felons.

Prior legislative history

2018: S.2819 - Passed Senate / A.3159 - Referred to Correction 2017: S.2819 - Passed Senate / A.3159 - Referred to Correction 2016: S.3388 - Passed Senate / A.7217 - Reported to Codes 2015: S.3388 - Passed Senate / A.7217 - Referred to Correction 2014: S.7953 - Referred to Rules

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.