S T A T E   O F   N E W   Y O R K
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                                  4503

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced  by M. of A. RAIA, McKEVITT -- Multi-Sponsored by -- M. of A.
  BARCLAY, BUTLER, CROUCH, FINCH, HAWLEY,  KOLB,  McDONOUGH,  PALMESANO,
  RABBITT -- read once and referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to authorizing
  the personal presence of crime victims during trial

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines that in the interest of the fair  administration  of  justice
that  a  victim  of  a  criminal  offense be afforded the opportunity to
attend any trial or hearing conducted by any  court  which  pertains  to
such criminal offense.
  Further,  the  legislature  hereby  finds  and determines, that in the
interest of the fair administration of justice that a victim of a crimi-
nal offense not be excluded from any hearing or trial conducted  by  any
court  which pertains to such criminal offense merely because the victim
has or may testify at such hearings or trial. The legislature finds that
the right of the victim to be personally present during a trial or hear-
ing should be guaranteed to further the interests of justice.
  S 2. The criminal  procedure  law  is  amended  by  adding  three  new
sections 260.25, 260.26 and 260.27 to read as follows:
S 260.25 CRIME VICTIM'S COURT ATTENDANCE.
  THE  VICTIM  OF  A  CRIMINAL  OFFENSE, OR HIS REPRESENTATIVE, SHALL BE
ENTITLED TO BE PERSONALLY PRESENT DURING THE TRIAL OF AN INDICTMENT  AND
SHALL  BE  SEATED DURING SUCH TRIAL AT THE COUNSEL TABLE OF THE PROSECU-
TOR.
S 260.26 EXEMPTION FROM RULE REQUIRING EXCLUSION OF WITNESS FROM  COURT;
            REMOVAL GENERALLY.
  A  CRIME  VICTIM  SHALL BE EXEMPT FROM THE OPERATION OF RULE OF COURT,
REGULATION OR STATUTE OR OTHER LAW REQUIRING THE SEPARATION OR EXCLUSION
OF WITNESSES FROM COURT IN CRIMINAL HEARINGS OR TRIALS. PROVIDED, HOWEV-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05167-01-3
              

A. 4503                             2

ER, IF A CRIME VICTIM/WITNESS CONDUCTS  HIMSELF  IN  SO  DISORDERLY  AND
DISRUPTIVE  A MANNER THAT THE TRIAL CANNOT BE CARRIED ON WITH HIM IN THE
COURTROOM, HE MAY BE REMOVED FROM THE COURTROOM IF, AFTER  HE  HAS  BEEN
WARNED  BY  THE  COURT  THAT  HE  WILL  BE  REMOVED IF HE CONTINUES SUCH
CONDUCT, HE CONTINUES TO ENGAGE IN SUCH CONDUCT.
S 260.27 DESIGNATION OF REPRESENTATIVE.
  IF A VICTIM IS UNABLE TO ATTEND THE TRIAL  OF  AN  INDICTMENT  OR  ANY
PORTION  THEREOF  BY  REASON OF DEATH, DISABILITY, HARDSHIP, INCAPACITY,
PHYSICAL, MENTAL, OR EMOTIONAL CONDITION, AGE, OR OTHER  INABILITY,  THE
VICTIM, THE VICTIM'S GUARDIAN OR THE VICTIM'S FAMILY MAY SELECT A REPRE-
SENTATIVE  WHO  SHALL  BE  ENTITLED TO EXERCISE ANY RIGHT GRANTED TO THE
VICTIM.  PROVIDED, HOWEVER, IN THE EVENT OF A DISPUTE, THE COURT IN  ITS
DISCRETION MAY DESIGNATE SUCH REPRESENTATIVE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.