S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3260
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RAIA, FINCH -- 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.
   §  2.  The  criminal  procedure  law  is  amended  by adding three new
 sections 260.25, 260.26 and 260.27 to read as follows:
 § 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.
 § 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-
 ER,  IF  A  CRIME  VICTIM/WITNESS  CONDUCTS HIMSELF IN SO DISORDERLY AND

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

                                                            LBD06877-01-7

 A. 3260                             2
 
 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.
 § 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.