S T A T E   O F   N E W   Y O R K
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                                   74

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ -- Multi-Sponsored by -- M. of A.
  LOPEZ -- 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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A. 74                               2

who has furnished or who can furnish information to the court concerning
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.