S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1163
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMANOWITZ -- Multi-Sponsored by -- M. of A.
   HOOPER, 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.
   §  2.  The  criminal  procedure law is amended by adding a new section
 340.60 to read as follows:
 § 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.
   §  3.  The  criminal  procedure law is amended by adding a new section
 380.45 to read as follows:
 § 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.
   § 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.
              

                                                            LBD03461-01-7

 A. 1163                             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.
   § 5. The criminal procedure law is amended by  adding  a  new  section
 530.15 to read as follows:
 § 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.
   § 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.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.