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S24Senate2025-2026 SessionSame asA3419

Video Victim Statements Required

Official title

“Requires that all victim impact statements in New York state be video recorded; requires that the members of the parole board review all relevant victim impact statements prior to the conduct of a parole hearing”

Sponsor James TediscoSD-44+8 co-sponsorsAffects Legal
Status
Stricken
Impact
6/10
Moderate
Passage
25%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows victim impact statements to be video recorded and requires parole board members to review all such statements before parole hearings.

Why it matters

  1. Expands victims’ options for participation and expression. By allowing victim impact statements to be video recorded (instead of just written or audiotaped), the bill lets victims—or their families/representatives—share their experiences and perspectives in a more personal, expressive, and accessible way, which may have greater emotional impact on decision-makers.

  2. Increases accountability and thoroughness in parole decisions. The legislation explicitly requires all parole board members and commissioners involved in a hearing to review every relevant victim impact statement before granting parole, adding a layer of procedural rigor and ensuring victims’ voices are not overlooked.

  3. Mandates formal acknowledgment of review. Parole board members and commissioners must sign a written attestation that they have reviewed the victim impact statements prior to hearings, creating a traceable record and reducing the risk of neglect or procedural shortcuts.

  4. Potentially affects parole outcomes and victims’ sense of justice. By ensuring victim impact statements are not only submitted but actively reviewed, the bill could influence parole outcomes and provide victims and their families with greater assurance that their experiences are considered in the decision-making process.

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Who cares

Headline styles

Video Victim Statements Required

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

Sponsors

History

  1. Recommit, enacting clause stricken
  2. 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.

A3419Assembly

Record Victim Statements on Video

In Assembly Committee · Codes · Sponsor John T. McDonald III

Impact 6 · Moderate35% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

24

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sens. TEDISCO, GALLIVAN, HELMING, MATTERA, OBERACKER, ORTT, PALUMBO, STEC, WEIK -- 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 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 Assembly, do enact as follows:

Section 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 to read as follows:

(b) The report shall also contain a victim impact statement, unless it appears that such information would be of no relevance to the recommendation or court disposition, which shall include an analysis of the victim's version of the offense, the extent of injury or economic loss and the actual out-of-pocket loss to the victim and the views of the victim relating to disposition including the amount of restitution and reparation sought by the victim after the victim has been informed of the right to seek restitution and reparation, subject to the availability of such information. In the case of a homicide or where the victim is unable to assist in the preparation of the victim impact statement, the information may be acquired from the victim's family or representative. The victim impact statement shall be made available to the victim by the prosecutor pursuant to subdivision two of section 390.50 of this article. Nothing contained in this section shall be interpreted to require that a victim supply information for the preparation of this report.

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

[ ] is old law to be omitted.

LBD00179-01-5

§ 2. Subdivision 1 of section 440.50 of the criminal procedure law, as amended by chapter 322 of the laws of 2021, 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, 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 or combined sentence, the notice provided to the crime victim shall also inform the victim of [his or her] the victim's right to submit a written, audiotaped, or [videotaped] video recorded victim impact statement to the department of corrections and community supervision or to meet [personally] in person or by video conference 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 incarcerated individual 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 or statement shall be provided to the board of parole and all presiding commissioners for such hearing. The right of the victim under this subdivision to submit a [written] victim impact statement in any format or to meet [personally] in person or by video conference with a member of the state board of parole applies to each personal interview between a member or members of the board and the incarcerated individual.

§ 3. Subdivision 2 of section 259-i of the executive law is amended by adding a new paragraph (f) to read as follows:

(f) Prior to the conduct of any parole hearing as provided in this article, the members of the board and all presiding commissioners for such hearing shall review all victim impact statements relating to the offense or offenses of which the incarcerated individual has been convicted, including victim impact statements provided in connection with the pre-sentencing report and victim impact statements provided directly to the parole board. The presiding commissioners and members of the board that participate in the hearing shall sign a written attestation confirming that they have reviewed the victim impact statements prior to the hearing.

§ 4. 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.

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 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 all victim impact statements in New York state be video recorded, and require that the members of the parole board review all relevant victim impact statements prior to the conduct of a parole hearing

Summary of specific provisions

Section 1. Paragraph (b) of subdivision 3 of section 390.30 of the crim- inal procedure law, as amended by chapter 618 of the laws of 1 992, is amended to read as follows:

Read the full memo (898 words)

(b) The report shall also contain a victim impact statement, unless it appears that such information would be of no relevance to the recommen6 dation or court disposition, which shall include an analysis of the victim's version of the offense, the extent of injury o r economic loss and the actual out-of-pocket loss to the victim and the views of the victim relating to disposition including the amo unt of restitution and reparation sought by the victim after the victim has been informed of the right to seek restitution and reparation, subject to the availabilil2 ty of such information. In the case of a homicide or where the victim is unable to assist in the pr eparation of the victim impact statement, the information may be acquired from the victim's family or representative.

The victim impact statement shall be made available to the victim by the prosecutor pursuant to subdivision two of section 390.50 of this arti- cle. Nothing contained in this section shall be interpreted to require that a victim supply information for the preparation of this report.

§ 2. Subdivision 1 of section 440.50 of the criminal procedure law, as amended by chapter 322 of the laws of 2021, 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, 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 depart- ment of corrections and community supervision for an indeterminate or combined sentence, the notice provided to the crime victim shall also inform the victim of his or her the victim's right to submit a written, audiotaped, or (video taped) video recorded victim impact statement to the department of corrections and community supervision or to meet(personally) in pe rson or by video conference 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 incarcerated individual and make such a statement, subject to procedures and limita- tions 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 or statement shall be provided to the board of parole and all presiding commissioners for such hearing. The right of the victim under this subdivision to submit a (written) victim impact statement in any format or to meet (personally) in person or by video conference with a member of the state board of parole applies to each personal interview between a member or members of the board and the incarcerated individ- ual.

§ 3. Subdivision 2 of section 259-i of the executive law is amended by adding a new paragraph (f) to read as follows:

(f) Prior to the conduct of any parole hearing as provided in this arti- cle, the members of the board and all presiding commissioners for such hearing shall review all victim impact statements relating to the offense or offenses of which the incarcerated individual h as been convicted, including victim impact statements provided in connection with the pre-sentencing report and victim impact statements provided directly to the parole board. The presiding commissioners and members of the board that participate in the hearing shall sign a written attesta- tion confirming that they have reviewed the victim impact statements prior to the hearing.

Prior legislative history

03/01/19: S.4127 REFERRED TO CODES

01/08/20: S.4127 REFERRED TO CODES

01/19/21: S.2046 REFERRED TO CODES

01/05/22: S.2046 REFERRED TO CODES

01/24/23: S.2733 REFERRED TO CODES

04/14/23: S.2733 AMEND (T) AND RECOMMIT TO CODES

04/14/23: S.2733A PRINT NUMBER 2733A

01/03/24: S.2733A REFERRED TO CODES

05/13/24: S.2733A AMEND AND RECOMMIT TO CODES

05/13/24: S.2733B PRINT NUMBER 2733B

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.

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