A05388 Summary:

BILL NO    A05388 

SAME AS    SAME AS S07581

SPONSOR    Englebright (MS)

COSPNSR    Titone, Mosley

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.
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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 OPERATIONS
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.252
04/07/2014 passed assembly
04/07/2014 delivered to senate
04/07/2014 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/11/2014 SUBSTITUTED FOR S7581
06/11/2014 3RD READING CAL.1305
06/11/2014 PASSED SENATE
06/11/2014 RETURNED TO ASSEMBLY
12/05/2014 delivered to governor
12/17/2014 signed chap.489
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A05388 Votes:

A05388 04/24/2013 138/0
AbbateYColtonYGarbariYKearnsYMillerYReilichERSteckY
AbinantYCookYGibsonYKellnerYMillmanYRiveraYStevensER
ArroyoYCorwinYGiglioYKimYMontesaYRobertsYStirpeY
AubryYCrespoYGjonajYKolbYMorelleYRobinsoYSweeneyY
BarclayYCrouchYGlickYLalorYMosleyYRodriguYTediscoY
BarrettYCurranYGoldfedYLavineYMoyaYRosaYTenneyY
BarronYCusickYGoodellYLentolYNojayYRosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneER
BlankenERDenDekkYGrafYLope PDYOaksERRussellYTitusY
BorelliYDinowitYGuntherYLope VJERO'DonneYRyanYWalterY
BoylandYDiPietrYHawleyYLupardoYOrtizYSaladinYWeinsteY
BraunstYDupreyYHeastieYLupinacYOtisYSantabaYWeisenbY
BrennanYEnglebrYHennessYMageeYPalmesaYScarborYWeprinY
BrindisYEspinalYHevesiYMagnareYPaulinYSchimelYWrightY
BronsonYFahyYHikindERMaiselYPeoplesYSchimmiYZebrowsY
Brook-KYFarrellYHooperERMalliotERPerryYSepulveYMr SpkrY
BuchwalYFinchYJacobsYMarkeyYPretlowYSimanowY
ButlerYFitzpatYJaffeeYMayerYQuartYSimotasY
CahillYFriendYJohnsYMcDonalYRaYSkartadY
CamaraYGabryszYJordanYMcDonouYRabbittYSkoufisY
CerettoYGalefYKatzYMcKevitYRaiaYSolagesY
ClarkERGanttYKavanagYMcLaughYRamosYStecY

A05388 04/07/2014 129/0
AbbateYCorwinYGlickYLavineYNolanERRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksYRussellYWalterY
ArroyoYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteY
AubryYCurranYGottfriYLopezYOrtizYSaladinERWeisenbER
BarclayYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaYScarborERWrightY
BenedetYDavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BlankenYDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrYHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasER
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartERSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatYKatzYMillerYRamosERSteckY
CahillYFriendYKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaERRobertsYSweeneyY
CerettoYGanttERKellnerABMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyY
ColtonYGiglioYKolbERMoyaYRosaYThieleY
CookYGjonajYLalorYNojayYRosenthYTitoneY

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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.
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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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