New York A 3419: Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property

Bill Text

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A03419 Summary:

BILL NOA03419 

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SAME ASSAME AS S08354

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SPONSORMcDonald

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COSPNSRBrabenec, Burdick, Woerner, Colton, Zaccaro, Bendett, Angelino, Brown K, DeStefano, Kassay, Romero,
 Griffin, Yeger, Tapia, Kay, Sayegh, Buttenschon, Hevesi

&nbsp

MLTSPNSR

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Amd §§390.30 & 440.50, CP L; amd §259-i, Exec L

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Allows victim impact statements in New York state be video recorded; requires 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 and to sign a written attestation confirming that they have done so.

Go to top A03419 Actions:

BILL NOA03419 

&nbsp

01/27/2025referred to codes

01/07/2026referred to codes

Go to topA03419 Committee&nbspVotes:

Go to topA03419 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03419 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3419

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. McDONALD, BRABENEC, BURDICK, WOERNER, COLTON,
 ZACCARO, BENDETT, ANGELINO, K. BROWN, DeSTEFANO -- read once and
 referred 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 Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (b) of subdivision 3 of section 390.30 of the
 2 criminal procedure law, as amended by chapter 618 of the laws of 1992,
 3 is amended to read as follows:
 4 (b) The report shall also contain a victim impact statement, unless it
 5 appears that such information would be of no relevance to the recommen-
 6 dation or court disposition, which shall include an analysis of the
 7 victim's version of the offense, the extent of injury or economic loss
 8 and the actual out-of-pocket loss to the victim and the views of the
 9 victim relating to disposition including the amount of restitution and
 10 reparation sought by the victim after the victim has been informed of
 11 the right to seek restitution and reparation, subject to the availabili-
 12 ty of such information. In the case of a homicide or where the victim is
 13 unable to assist in the preparation of the victim impact statement, the
 14 information may be acquired from the victim's family or representative.
 15 The victim impact statement shall be made available to the victim by the
 16 prosecutor pursuant to subdivision two of section 390.50 of this arti-
 17 cle. Nothing contained in this section shall be interpreted to require
 18 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

 A. 3419 2

 1 § 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
 2 amended by chapter 322 of the laws of 2021, is amended to read as
 3 follows:
 4 1. Upon the request of a victim of a crime, or in any event in all
 5 cases in which the final disposition includes a conviction of a violent
 6 felony offense as defined in section 70.02 of the penal law, a felony
 7 defined in article one hundred twenty-five of such law, or a felony
 8 defined in article one hundred thirty of such law, the district attorney
 9 shall, within sixty days of the final disposition of the case, inform
 10 the victim by letter of such final disposition. If such final disposi-
 11 tion results in the commitment of the defendant to the custody of the
 12 department of corrections and community supervision for an indeterminate
 13 or combined sentence, the notice provided to the crime victim shall also
 14 inform the victim of [his or her] the victim's right to submit a writ-
 15 ten, audiotaped, or [videotaped] video recorded victim impact statement
 16 to the department of corrections and community supervision or to meet
 17 [personally] in person or by vi