Assembly Bill A2775

2009-2010 Legislative Session

Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2775 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.30, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6502
2013-2014: A1637
2015-2016: A4081
2017-2018: A2769
2019-2020: A1174

2009-A2775 (ACTIVE) - Summary

Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports where the court deems such inclusion to be appropriate.

2009-A2775 (ACTIVE) - Bill Text download pdf 

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

                                  2775

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. KOLB, QUINN, WALKER, GIGLIO, ERRIGO, BACALLES --
  Multi-Sponsored by -- M. of A. CALHOUN,  MOLINARO  --  read  once  and
  referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to victim impact
  statements

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

  Section 1. Paragraph (b) of subdivision 3 of  section  390.30  of  the
criminal  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  recommen-
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 availabili-
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. SUCH VICTIM IMPACT
STATEMENT  MAY ALSO BE ACQUIRED FROM NEIGHBORHOOD WATCH GROUPS WHERE THE
COURT DEEMS SUCH STATEMENTS  TO  BE  AN  APPROPRIATE  INCLUSION  IN  THE
REPORT.  The  victim  impact  statement  shall  be made available to the
victim by the prosecutor pursuant to subdivision two of  section  390.50
of  this article. Nothing contained in this section shall be interpreted
to require that a victim supply information for the preparation of  this
report.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03691-01-9

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