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A05388 Summary:

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A05388 Floor Votes:

A05388 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5388
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 25, 2013
                                       ___________
 
        Introduced  by M. of A. ENGLEBRIGHT, TITONE -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the executive law, the criminal procedure  law  and  the
          family  court act, in relation to reporting requirements of the office
          of victim services and to repeal subdivision 5 of  section  390.30  of

          the criminal procedure law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 20 of section 623 of  the  executive  law,  as
     2  amended  by  section  8  of  part A-1 of chapter 56 of the laws of 2010,
     3  paragraph (a) as separately amended by sections 37 and 71 of part  A  of
     4  chapter 56 of the laws of 2010, is amended to read as follows:
     5    20.  To render each year to the governor and to the legislature, on or
     6  before December first of each year, a written  report  on  the  office's
     7  activities  including,  but not limited to, specific information on each
     8  of the subdivisions of this  section[,  and  the  manner  in  which  the
     9  rights,  needs and interests of crime victims are being addressed by the

    10  state's criminal justice system. Such report shall also include, but not
    11  be limited to:
    12    (a) Information transmitted by the office of probation and correction-
    13  al alternatives under subdivision five of section 390.30 of the criminal
    14  procedure law and subdivision seven of section 351.1 of the family court
    15  act which the office shall compile, review and make  recommendations  on
    16  how to promote the use of restitution and encourage its enforcement.
    17    (b)  Information relating to the implementation of and compliance with
    18  article twenty-three of this chapter by the  criminal  justice  agencies
    19  and the "crime victim-related agencies" of the state]. Such report shall
    20  also  include  but  not be limited to information regarding crime victim

    21  service programs, including:
    22    (1) the programs funded by the office;
    23    (2) other sources of funding for crime victims service programs;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09254-01-3
        A. 5388                             2
 
     1    (3) an assessment of the adequacy of the current  level  of  appropri-
     2  ation  to  the  office  to  meet  the  reasonable needs of crime victims
     3  service programs for funding under section six hundred  thirty-one-a  of
     4  this article; and
     5    (4) an estimate of the reasonable needs of programs in the next fiscal
     6  year.
     7    §  2.  Subdivisions  21 and 22 of section 623 of the executive law are

     8  renumbered subdivisions 22 and 23 and a new subdivision 21 is  added  to
     9  read as follows:
    10    21. To render biennially to the governor and the legislature a written
    11  report  on  the manner in which the rights, needs and interests of crime
    12  victims are being addressed by the state's criminal  justice  system  to
    13  include, but not be limited to:
    14    (a)  Information  transmitted  by  the  state  office of probation and
    15  correctional alternatives under subdivision five of  section  390.30  of
    16  the criminal procedure law and subdivision seven of section 351.1 of the
    17  family  court  act which the board shall compile, review and make recom-
    18  mendations on how to promote the use of restitution  and  encourage  its
    19  enforcement.

    20    (b)  Information relating to the implementation of and compliance with
    21  article twenty-three of this chapter by the  criminal  justice  agencies
    22  and the "crime victim-related agencies" of the state.
    23    § 3. Subdivision 5 of section 390.30 of the criminal procedure law, as
    24  amended  by  section  50 of part A of chapter 56 of the laws of 2010, is
    25  REPEALED.
    26    § 4. Subdivision 5 of section 390.30 of the criminal procedure law, as
    27  amended by section 29 of part A-1 of chapter 56 of the laws of 2010,  is
    28  amended to read as follows:
    29    5.  Information  to  be  forwarded  to  the state [division] office of
    30  probation and correctional alternatives.  Investigating  agencies  under
    31  this  article  shall be responsible for the collection, and transmission

    32  to the state [division] office of probation  and  correctional  alterna-
    33  tives,  of data on the number of victim impact statements prepared. Such
    34  information shall be  transmitted  annually  to  the  office  of  victim
    35  services  and included in the office's [annual] biennial report pursuant
    36  to subdivision [twenty] twenty-one of section six  hundred  twenty-three
    37  of the executive law.
    38    §  5. Subdivision 7 of section 351.1 of the family court act, as sepa-
    39  rately amended by section 54 of part A and sections 3 and 30 of part A-1
    40  of chapter 56 of the laws of 2010, is amended to read as follows:
    41    7. The probation services  which  prepare  the  investigation  reports
    42  shall  be  responsible for the collection and transmission to the office

    43  of probation and correctional alternatives, of data  on  the  number  of
    44  victim impact statements prepared. Such information shall be transmitted
    45  annually  to  the office of victim services and included in the office's
    46  [annual] biennial report pursuant to subdivision [twenty] twenty-one  of
    47  section six hundred twenty-three of the executive law.
    48    § 6.  This act shall take effect immediately.