Provides for furnishing of a copy of the transcript of the trial of a defendant convicted of a homicide offense, or of the proceedings which resulted in such conviction, to a family member of the victim at no cost to the victim or survivors; provides that the expense thereof shall be chargeable to the county, or in the counties within the city of New York, a city charge, as the case may be.
BILL NUMBER:S7852 REVISED 06/04/10
TITLE OF BILL: An act to amend the criminal procedure law, in relation to the delivery of stenographic transcripts to family members of victims of homicides
SUMMARY OF SPECIFIC PROVISIONS: The criminal produce law is amended by adding a new section 380.75. This section states that the court clerk, within 180 days after a conviction for the crime of homicide as defined in the penal law shall so notify the court stenographer, who shall make a transcript of the stenographic minutes of said trial or hearing, and shall deliver said transcript to the victim's survivors or their attorney, and file with the court clerk an affidavit of the fact and date of such delivery and filing. The expense of such transcript shall be a county charge or, in the counties within the city of New York, a city charge, as the case may be, payable to the stenographer out of the court fund upon the certificate of the judge presiding at the trial or hearing.
JUSTIFICATION: At the conclusion of a criminal trial, the criminal is entitled to a free copy of the Court transcripts. unfortunately and unjustly, the victim or his or her survivors must pay for each page of the same transcripts. The number of pages can often run into the hundreds. The Court Stenographers office charges between $2 - $3 per page for an official transcript if the minutes are already done. Otherwise the fee runs $4 - $5 a page. Most families cannot afford to pay the prohibitive cost.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7852 IN SENATE May 17, 2010 ___________Introduced by Sen. ADDABBO -- 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 the delivery of stenographic transcripts to family members of victims of homicides THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 380.75 to read as follows: S 380.75 STENOGRAPHIC TRANSCRIPT. UPON FORMAL REQUEST OF A MEMBER OF THE FAMILY OF THE VICTIM, MADE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DATE OF THE CONVICTION OF A DEFENDANT OF A HOMICIDE OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, THE COURT SHALL NOTIFY THE COURT STENOGRA- PHER, WHO SHALL MAKE AVAILABLE, PURSUANT TO THE RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS FOR THE DELIVERY OF TRANSCRIPTS FOR APPEALS, A CERTIFIED COPY, PRODUCED USING AVAILABLE TECHNOLOGY SUCH AS A PHOTOCO- PIER, OF THE TRANSCRIPT OF THE STENOGRAPHIC MINUTES OF THE TRIAL WHICH RESULTED IN SUCH CONVICTION OR, IF THERE WAS NO TRIAL, OF THE PROCEEDING WHICH RESULTED IN SUCH CONVICTION. THE COURT STENOGRAPHER SHALL DELIVER THE COPY OF SUCH TRANSCRIPT TO THE FAMILY MEMBER OR HIS OR HER ATTORNEY, AND FILE WITH THE COURT CLERK AN AFFIDAVIT OF THE FACT AND DATE OF SUCH DELIVERY. THE EXPENSE OF THE COPY OF SUCH TRANSCRIPT PROVIDED TO A FAMI- LY MEMBER SHALL BE A COUNTY CHARGE OR, IN THE COUNTIES WITHIN THE CITY OF NEW YORK, A CITY CHARGE, AS THE CASE MAY BE, PAYABLE TO THE COURT STENOGRAPHER OUT OF THE COURT FUND UPON CERTIFICATE OF THE JUDGE WHO PRESIDED AT SUCH TRIAL OR PROCEEDINGS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05527-03-0