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

                                  2399

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- 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.
                                                           LBD06813-01-5
              

A. 2399                             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.