Allows victim impact statements in New York state be video recorded; requires that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing and to sign a written attestation confirming that they have done so.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3419
SPONSOR: McDonald TITLE OF BILL:
An act to amend the criminal procedure law, in relation to allowing
victim impact statements in New York state be video recorded; and to
amend the executive law, in relation to requiring that the members of
the parole board and all presiding commissioners for such hearing review
all relevant victim impact statements prior to the conduct of a parole
hearing
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that victim impact statements in
New York state have the option to be video recorded, and require that
the presiding commissioners of the parole board review all relevant
victim impact statements prior to the conduct of a parole hearing
SUMMARY OF PROVISIONS:
§ 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
by adding video recorded option for victim impact statements to the
report provided to the parole board.
§ 2. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended by chapter 322 of the laws of 2021 provides additional guide-
lines for the provision of statements to commissioners.
3. Subdivision 2 of section 259-i of the executive law is amended to
require presiding commissioners and board members to review the state-
ments prior to the hearing.
§ 4. Establishes the effective date.
JUSTIFICATION:
During a legislative hearing in the fall of 2018, lawmakers heard power-
ful testimony on the need to look at the parole system and make it more
responsive to crime victims and their families. Among those testifying
were Regina and Michael Stewart of Clifton Park, the parents of the late
Christopher F. Stewart, who was tragically killed in 2012 by a drunk,
drugged, and dangerous driver. Stewart was 17 years-old and co-captain
of the Shenendehowa Football Team. Shen student Deanna Rivers also lost
her life in the incident and students Matthew Hardy and Bailey Wind were
seriously injured.
While the individual who killed Christopher Stewart and Deanna Rivers
was recently denied parole, he will be up for another parole hearing in
two years, causing further anguish for the families who will have to go
through the process again. Shockingly, when victims and families give
their impact statements to the Parole Board, they only speak to one
board member, with no guarantee that individual will be on the three-
person panel that makes the decision as to whether to grant parole or
not. This frustrating situation is faced by all crime victims and their
families who want to make their voices heard to the Parole Board. This
legislation will give more tools to the Parole Board, so they are better
equipped to make critical decisions that ultimately affect public safe-
ty.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.5548/S.2733
2023-2024: A.6459A/S.2733B
FISCAL IMPACTS:
None to the state
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
