Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 05, 2009 |
referred to codes |
Senate Bill S1688
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2009-S1688 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4537
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§210.10, 400.10 & 710.60, add §§340.60, 380.45 & 530.15, CP L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S4667, A4968, A9332
2013-2014: A2413
2015-2016: A74
2017-2018: A1163
2009-S1688 (ACTIVE) - Summary
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.
2009-S1688 (ACTIVE) - Sponsor Memo
BILL NUMBER S1688 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
2009-S1688 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1688 2009-2010 Regular Sessions I N S E N A T E February 5, 2009 ___________ Introduced by Sens. FLANAGAN, BONACIC, FUSCHILLO, LITTLE, MAZIARZ, MORA- HAN, SEWARD, WINNER -- read twice and ordered printed, and when print- ed 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04494-01-9
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