BILL NUMBER: S2733B
SPONSOR: TEDISCO
 
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 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 recommen6
dation 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
availabilil2 ty 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 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 writ-
ten, 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 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 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 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
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately the addition, amendment and/o r
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.

Statutes affected:
S2733: 390.30 criminal procedure law, 390.30(3) criminal procedure law, 440.50 criminal procedure law, 440.50(1) criminal procedure law, 259-i executive law, 259-i(2) executive law
S2733A: 390.30 criminal procedure law, 390.30(3) criminal procedure law, 440.50 criminal procedure law, 440.50(1) criminal procedure law, 259-i executive law, 259-i(2) executive law
S2733B: 390.30 criminal procedure law, 390.30(3) criminal procedure law, 440.50 criminal procedure law, 440.50(1) criminal procedure law, 259-i executive law, 259-i(2) executive law