S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5489

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, SWEENEY, ORTIZ -- Multi-Sponsored by
  --  M. of A. COLTON, HOOPER -- 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  ASSEM-
BLY, 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;
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09225-01-3
              

A. 5489                             2

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;
  S 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  subdi-
vision  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.