S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7249
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 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;
   §  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.
              

                                                            LBD03321-01-7

 A. 7249                             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;
   § 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.