Bill Text: NY A09332 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that victims of crimes or, in cases involving a minor child or homicide, a family member of the victim, shall have the right to be personally present at arraignment, trial (except when the victim intends to give testimony in such trial), presentencing conference, sentencing, bail proceeding and suppression hearing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-16 - referred to codes [A09332 Detail]
Download: New_York-2011-A09332-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9332
I N A S S E M B L Y
February 16, 2012
___________
Introduced by M. of A. SIMANOWITZ -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to granting
victims the right to attend criminal trials and pretrial proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 210.10 of the criminal procedure law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. THE VICTIM OR, IN A CASE INVOLVING A MINOR CHILD VICTIM OR A HOMI-
4 CIDE, A FAMILY MEMBER OF THE VICTIM SHALL HAVE THE RIGHT TO BE
5 PERSONALLY PRESENT AT THE ARRAIGNMENT OF THE DEFENDANT.
6 S 2. The criminal procedure law is amended by adding a new section
7 340.60 to read as follows:
8 S 340.60 VICTIM'S PRESENCE AT TRIAL.
9 THE VICTIM, EXCEPT A VICTIM WHO INTENDS TO GIVE TESTIMONY IN THE
10 TRIAL, OR, IN A CASE INVOLVING A CHILD VICTIM OR A HOMICIDE, A FAMILY
11 MEMBER OF THE VICTIM SHALL HAVE THE RIGHT TO BE PERSONALLY PRESENT AT
12 SUCH TRIAL.
13 S 3. The criminal procedure law is amended by adding a new section
14 380.45 to read as follows:
15 S 380.45 VICTIM'S PRESENCE AT SENTENCING.
16 THE VICTIM OR, IN A CASE INVOLVING A CHILD VICTIM OR A HOMICIDE, A
17 FAMILY MEMBER OF THE VICTIM SHALL HAVE THE RIGHT TO BE PERSONALLY PRES-
18 ENT AT SENTENCING.
19 S 4. Subdivision 2 of section 400.10 of the criminal procedure law, as
20 amended by chapter 263 of the laws of 1984, is amended to read as
21 follows:
22 2. Attendance. Such conference may be held with the prosecutor and
23 defense counsel in the absence of the defendant, or the court may direct
24 that the defendant attend. The court may also direct that any person
25 who has furnished or who can furnish information to the court concerning
26 sentence attend. THE VICTIM, OR IN A CASE INVOLVING A MINOR CHILD OR A
27 HOMICIDE, A FAMILY MEMBER OF THE VICTIM, SHALL HAVE THE RIGHT TO ATTEND.
28 Reasonable notice of the conference must be given to the prosecutor and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08581-01-1
A. 9332 2
1 the defense counsel, who must be afforded an opportunity to participate
2 therein.
3 S 5. The criminal procedure law is amended by adding a new section
4 530.15 to read as follows:
5 S 530.15 VICTIM'S PRESENCE AT BAIL PROCEEDING.
6 THE VICTIM, OR IN THE CASE OF A MINOR VICTIM OR A HOMICIDE, A FAMILY
7 MEMBER OF THE VICTIM, SHALL HAVE THE RIGHT TO BE PHYSICALLY PRESENT AT
8 ANY BAIL PROCEEDING.
9 S 6. Section 710.60 of the criminal procedure law is amended by adding
10 a new subdivision 7 to read as follows:
11 7. THE VICTIM, OR IN THE CASE OF A MINOR VICTIM OR A HOMICIDE, A FAMI-
12 LY MEMBER OF THE VICTIM, SHALL HAVE THE RIGHT TO BE PHYSICALLY PRESENT
13 AT ANY SUPPRESSION HEARING RESULTING FROM A MOTION TO SUPPRESS EVIDENCE
14 MADE BEFORE TRIAL OR DURING TRIAL.
15 S 7. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
