Requires the commissioner of the department of corrections and community supervision in consultation with the director of the office of victim services to prepare and distribute the notification form for victims of violent felony offenses allowing them to demand to be informed regarding a name change petition by the defendant.

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S1210-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1210-2013 Meetings

Codes: May 29, 2013

S1210-2013 Memo

BILL NUMBER:S1210

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to preparation and
distribution of the notification form for victims of violent felony
offenses regarding a name change petition by the defendant

PURPOSE:
The bill would create a uniform form for crime victims to be
notified of any petition by the defendant in the case to change his
or her name.

SUMMARY OF PROVISIONS:
Section 1. Requires the department of corrections and office of victim
services to develop and distribute a notification of name change form
for victims of crimes to fill out.

EXISTING LAW:
Current law requires prosecutors to give the victim of a crime a form
on which the victim may indicate a demand to be informed of any
petition to change the name of the defendant. However, current law
does not say which agency must develop such a form; therefore, there
is no uniform form for victims to fill out.

JUSTIFICATION:
Having the Department of Corrections and Community Services in
consultation with Division of Victim Services develop and distribute
a form that can be filled out be victims to indicate if they want to
be informed of any name change by the defendant in their case will
ensure that there is a uniform form used by all prosecuting offices.
This will also be beneficial to crime victims as the form will be
easily accessible.

LEGISLATIVE HISTORY:
2012 - S.7302 - Referred to Codes

FISCAL IMPLICATIONS:
Needs to be determined.

EFFECTIVE DATE:
The act shall take effect on the thirtieth day after it shall become
law.

S1210-2013 Text

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

                                    1210

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. CARLUCCI -- 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  preparation
    and distribution of the notification form for victims of violent felo-
    ny offenses regarding a name change petition by the defendant

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 6 of section 380.50 of the  criminal  procedure
  law,  as  amended by chapter 320 of the laws of 2006, is amended to read
  as follows:

    6. Regardless of whether the victim requests to make a statement  with
  regard to the defendant's sentence, where the defendant is sentenced for
  a violent felony offense as defined in section 70.02 of the penal law or
  a  felony  defined in article one hundred twenty-five of such law or any
  of the following provisions of such law sections 130.25, 130.30, 130.40,
  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
  135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32, the
  prosecutor shall, within sixty  days  of  the  imposition  of  sentence,
  provide  the victim with a form, PREPARED AND DISTRIBUTED BY THE COMMIS-
  SIONER OF THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  IN
  CONSULTATION  WITH  THE  DIRECTOR  OF  THE OFFICE OF VICTIM SERVICES, on
  which the victim may indicate a demand to be informed of any petition to
  change the name of such defendant.  Such forms shall  be  maintained  by
  such  prosecutor.  Upon  receipt of a notice of a petition to change the
  name of any such defendant,  pursuant  to  subdivision  two  of  section
  sixty-two  of the civil rights law, the prosecutor shall promptly notify
  the victim at the most current address or telephone number  provided  by
  such  victim in the most reasonable and expedient possible manner of the
  time and place such petition will be presented to the court.
    S 2. This act shall take effect on the thirtieth day  after  it  shall
  have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05336-01-3