A05388 Summary:
BILL NO A05388 SAME AS No same as SPONSOR Englebright (MS) COSPNSR Titone MLTSPNSR Amd S623, Exec L; rpld S390.30 sub 5, amd S390.30, CP L; amd S351.1, Fam Ct Act Changes the reporting requirements relative to restitution and fair treatment standards for the office of victims services from annual to every two years; consolidates reporting requirements regarding victims service programs; requires information collected by local and state probation departments relating to victim impact statements to be included in the biennial report.Go to top
A05388 Actions:
BILL NO A05388 02/25/2013 referred to governmental operations 03/04/2013 reported referred to codes 03/05/2013 reported referred to rules 03/05/2013 reported 03/05/2013 rules report cal.36 03/05/2013 ordered to third reading rules cal.36 04/24/2013 passed assembly 04/24/2013 delivered to senate 04/24/2013 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONSGo to top
A05388 Votes:
| Abbate | Y | Colton | Y | Garbari | Y | Kearns | Y | Miller | Y | Reilich | ER | Steck | Y |
| Abinant | Y | Cook | Y | Gibson | Y | Kellner | Y | Millman | Y | Rivera | Y | Stevens | ER |
| Arroyo | Y | Corwin | Y | Giglio | Y | Kim | Y | Montesa | Y | Roberts | Y | Stirpe | Y |
| Aubry | Y | Crespo | Y | Gjonaj | Y | Kolb | Y | Morelle | Y | Robinso | Y | Sweeney | Y |
| Barclay | Y | Crouch | Y | Glick | Y | Lalor | Y | Mosley | Y | Rodrigu | Y | Tedisco | Y |
| Barrett | Y | Curran | Y | Goldfed | Y | Lavine | Y | Moya | Y | Rosa | Y | Tenney | Y |
| Barron | Y | Cusick | Y | Goodell | Y | Lentol | Y | Nojay | Y | Rosenth | Y | Thiele | Y |
| Benedet | Y | Cymbrow | Y | Gottfri | Y | Lifton | Y | Nolan | Y | Rozic | Y | Titone | ER |
| Blanken | ER | DenDekk | Y | Graf | Y | Lope PD | Y | Oaks | ER | Russell | Y | Titus | Y |
| Borelli | Y | Dinowit | Y | Gunther | Y | Lope VJ | ER | O'Donne | Y | Ryan | Y | Walter | Y |
| Boyland | Y | DiPietr | Y | Hawley | Y | Lupardo | Y | Ortiz | Y | Saladin | Y | Weinste | Y |
| Braunst | Y | Duprey | Y | Heastie | Y | Lupinac | Y | Otis | Y | Santaba | Y | Weisenb | Y |
| Brennan | Y | Englebr | Y | Henness | Y | Magee | Y | Palmesa | Y | Scarbor | Y | Weprin | Y |
| Brindis | Y | Espinal | Y | Hevesi | Y | Magnare | Y | Paulin | Y | Schimel | Y | Wright | Y |
| Bronson | Y | Fahy | Y | Hikind | ER | Maisel | Y | Peoples | Y | Schimmi | Y | Zebrows | Y |
| Brook-K | Y | Farrell | Y | Hooper | ER | Malliot | ER | Perry | Y | Sepulve | Y | Mr Spkr | Y |
| Buchwal | Y | Finch | Y | Jacobs | Y | Markey | Y | Pretlow | Y | Simanow | Y | ||
| Butler | Y | Fitzpat | Y | Jaffee | Y | Mayer | Y | Quart | Y | Simotas | Y | ||
| Cahill | Y | Friend | Y | Johns | Y | McDonal | Y | Ra | Y | Skartad | Y | ||
| Camara | Y | Gabrysz | Y | Jordan | Y | McDonou | Y | Rabbitt | Y | Skoufis | Y | ||
| Ceretto | Y | Galef | Y | Katz | Y | McKevit | Y | Raia | Y | Solages | Y | ||
| Clark | ER | Gantt | Y | Kavanag | Y | McLaugh | Y | Ramos | Y | Stec | Y |
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A05388 Memo:
BILL NUMBER:A5388 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF THE BILL: To change the reporting requirements relative to restitution and fair treatment standards from each year to every two years. SUMMARY OF SPECIFIC PROVISIONS: This bill amends Executive Law Section 623 by requiring that reporting regarding the manner in which the rights, needs and interests of crime victims are being addressed is submitted biennially rather than annually. A new subdivision 21 is added to section 623 setting forth this biennial reporting requirement. Subdivisions 21 and 22 are renumbered 22 and 23, respectively. Subdivision 5 of section 390.30 of the Criminal Procedure Law and subdivision 7 of section 351.1 of the Family Court Act are amended to provide that information collected by local and state probation departments regarding restitution and victim impact statements will be forwarded annually to the Office of Victim Services for inclusion in its biennial report. JUSTIFICATION:; If enacted this proposal would implement biennial reporting regarding the manner in which the rights, needs and interests of crime victims are being addressed by the criminal justice system. This reporting requirement, which includes such issues as agency compliance with Article 23 - Fair Treatment Standards for Crime Victims as well as the usage and effect of victim impact statements as per section 390.30(5) C.P.L. and section 351.1(7) of the Family Court Act an order of restitution and their enforcement, would be better satisfied through more meaningful analysis produced through biennial reporting. PRIOR LEGISLATIVE HISTORY: 2012: A9025 - Passed Assembly 2011: A5811 - Passed Assembly 2009-10: A.1380 - Passed Assembly 2007-08; A.1110 - Passed Assembly FISCAL IMPLICATIONS: None EFFECTIVE DATE: Immediately.Go to top
A05388 Text:
S T A T E O F N E W Y O R K
________________________________________________________________________
5388
2013-2014 Regular Sessions
I N A S S E M B L Y
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 S 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 S 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 S 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 S 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 S 6. This act shall take effect immediately.
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