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BILL NUMBER:S4667

TITLE OF BILL: An act to amend the criminal procedure law, in relation to granting victims the right to attend criminal trials and pretrial proceedings

SUMMARY OF SPECIFIC PROVISIONS: This bill provides that the victim, or a member of the victim's family in cases involving child victims or homicide, have the right to be present at essential stages of the criminal justice process including arraignment, trial, pre-sentence conference, sentencing, bail hearings and suppression hearings.

JUSTIFICATION: While the accused has a right to confrontation, victims are excluded from courtrooms so that their testimony could not be influenced by their observations. However, as pointed out by the President's Task Force on Victims of Crime: "The crime is often one of the most significant events in the lives of victims and their families. They, no less than the defendant, have a legitimate interest in the fair adjudication of the case, and should therefore, as an exception to the general rule providing for the exclusion of witness, be permitted to be present for the entire trial." The Fair Treatment Standards for victim/witnesses enacted in 1984 ensures victims of the right to be notified of the occurrence of various stages of the criminal process. It is a logical extension to accord victims the right to attend these proceedings.

FISCAL IMPLICATIONS: None.

PRIOR LEGISLATIVE HISTORY: 1995-96: Assembly Codes Cmte. 1997-98: Assembly Codes Cmte. 1999-00; Assembly Codes Cmte. 2001-02: Assembly Codes Cmte. 2003-04: Senate Codes Cmte./Assembly Codes Cmte. 2005-06: Senate Codes Cmte./Assembly Codes Cmte. 2007-08: Senate Codes Cmte./Assembly Codes Cmte. 2009-10: Senate Codes Cmte./Assembly Codes Cmte.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

4667

2011-2012 Regular Sessions

IN SENATE

April 14, 2011
___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Section 210.10 of the criminal procedure law is amended  by
adding a new subdivision 7 to read as follows:
  7.  THE VICTIM OR, IN A CASE INVOLVING A MINOR CHILD VICTIM OR A HOMI-
CIDE, A FAMILY  MEMBER  OF  THE  VICTIM  SHALL  HAVE  THE  RIGHT  TO  BE
PERSONALLY PRESENT AT THE ARRAIGNMENT OF THE DEFENDANT.
  S  2.  The  criminal  procedure law is amended by adding a new section
340.60 to read as follows:
S 340.60 VICTIM'S PRESENCE AT TRIAL.
  THE VICTIM, EXCEPT A VICTIM WHO  INTENDS  TO  GIVE  TESTIMONY  IN  THE
TRIAL,  OR,  IN  A CASE INVOLVING A CHILD VICTIM OR A HOMICIDE, A FAMILY
MEMBER OF THE VICTIM SHALL HAVE THE RIGHT TO BE  PERSONALLY  PRESENT  AT
SUCH TRIAL.
  S  3.  The  criminal  procedure law is amended by adding a new section
380.45 to read as follows:
S 380.45 VICTIM'S PRESENCE AT SENTENCING.
  THE VICTIM OR, IN A CASE INVOLVING A CHILD VICTIM  OR  A  HOMICIDE,  A
FAMILY  MEMBER OF THE VICTIM SHALL HAVE THE RIGHT TO BE PERSONALLY PRES-
ENT AT SENTENCING.
  S 4. Subdivision 2 of section 400.10 of the criminal procedure law, as
amended by chapter 263 of the laws  of  1984,  is  amended  to  read  as
follows:
  2.  Attendance.  Such  conference  may be held with the prosecutor and
defense counsel in the absence of the defendant, or the court may direct
that the defendant attend.  The court may also direct  that  any  person
who has furnished or who can furnish information to the court concerning

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08581-01-1
S. 4667                             2

sentence  attend.  THE VICTIM, OR IN A CASE INVOLVING A MINOR CHILD OR A
HOMICIDE, A FAMILY MEMBER OF THE VICTIM, SHALL HAVE THE RIGHT TO ATTEND.
Reasonable notice of the conference must be given to the prosecutor  and
the  defense counsel, who must be afforded an opportunity to participate
therein.
  S 5. The criminal procedure law is amended by  adding  a  new  section
530.15 to read as follows:
S 530.15 VICTIM'S PRESENCE AT BAIL PROCEEDING.
  THE  VICTIM,  OR IN THE CASE OF A MINOR VICTIM OR A HOMICIDE, A FAMILY
MEMBER OF THE VICTIM, SHALL HAVE THE RIGHT TO BE PHYSICALLY  PRESENT  AT
ANY BAIL PROCEEDING.
  S 6. Section 710.60 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. THE VICTIM, OR IN THE CASE OF A MINOR VICTIM OR A HOMICIDE, A FAMI-
LY  MEMBER  OF THE VICTIM, SHALL HAVE THE RIGHT TO BE PHYSICALLY PRESENT
AT ANY SUPPRESSION HEARING RESULTING FROM A MOTION TO SUPPRESS  EVIDENCE
MADE BEFORE TRIAL OR DURING TRIAL.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.