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.
Ayes (35): DeFrancisco, Bonacic, Farley, Flanagan, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Martins, Krueger, Diaz, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat
Nays (1): Hassell-Thompson
Excused (1): Dilan
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Hassell-Thomps
Excused (3): Espaillat, Latimer, Smith
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.
STATE OF NEW YORK ________________________________________________________________________ 1210 2013-2014 Regular Sessions IN 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