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A01163 Summary:

BILL NOA01163
 
SAME ASNo Same As
 
SPONSORSimanowitz
 
COSPNSR
 
MLTSPNSRHooper
 
Amd 210.10, 400.10 & 710.60, add 340.60, 380.45 & 530.15, CP L
 
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.
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A01163 Actions:

BILL NOA01163
 
01/11/2017referred to codes
09/27/2017enacting clause stricken
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A01163 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1163
 
SPONSOR: Simanowitz (MS)
  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   PURPOSE OF BILL: This bill will guarantee the victim's right to attend criminal trials and pre-trial proceedings   SUMMARY OF SPECIFIC PROVISIONS: Sections 1-6 add to the Criminal Procedure Law by allowing for victims of various crimes to attend court proceedings given reasonable notice Section 7 sets the effective date   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 provid- ing 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 proceedings.   PRIOR LEGISLATIVE HISTORY: 2011-2012: Referred to Codes 2012-2014: Referred to Codes 2014-2016: Referred to Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law
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A01163 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1163
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Section 210.10 of the criminal procedure law is amended  by
     2  adding a new subdivision 7 to read as follows:
     3    7.  The victim or, in a case involving a minor child victim or a homi-
     4  cide, a family  member  of  the  victim  shall  have  the  right  to  be
     5  personally present at the arraignment of the defendant.
     6    §  2.  The  criminal  procedure law is amended by adding a new section
     7  340.60 to read as follows:
     8  § 340.60 Victim's presence at trial.
     9    The victim, except a victim who  intends  to  give  testimony  in  the
    10  trial,  or,  in  a case involving a child victim or a homicide, a family
    11  member of the victim shall have the right to be  personally  present  at
    12  such trial.
    13    §  3.  The  criminal  procedure law is amended by adding a new section
    14  380.45 to read as follows:
    15  § 380.45 Victim's presence at sentencing.
    16    The victim or, in a case involving a child victim  or  a  homicide,  a
    17  family  member of the victim shall have the right to be personally pres-
    18  ent at sentencing.
    19    § 4. Subdivision 2 of section 400.10 of the criminal procedure law, as
    20  amended by chapter 263 of the laws  of  1984,  is  amended  to  read  as
    21  follows:
    22    2.  Attendance.  Such  conference  may be held with the prosecutor and
    23  defense counsel in the absence of the defendant, or the court may direct
    24  that the defendant attend.  The court may also direct  that  any  person
    25  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
 
     1  sentence  attend.  The victim, or in a case involving a minor child or a
     2  homicide, a family member of the victim, shall have the right to attend.
     3  Reasonable notice of the conference must be given to the prosecutor  and
     4  the  defense counsel, who must be afforded an opportunity to participate
     5  therein.
     6    § 5. The criminal procedure law is amended by  adding  a  new  section
     7  530.15 to read as follows:
     8  § 530.15 Victim's presence at bail proceeding.
     9    The  victim,  or in the case of a minor victim or a homicide, a family
    10  member of the victim, shall have the right to be physically  present  at
    11  any bail proceeding.
    12    § 6. Section 710.60 of the criminal procedure law is amended by adding
    13  a new subdivision 7 to read as follows:
    14    7. The victim, or in the case of a minor victim or a homicide, a fami-
    15  ly  member  of the victim, shall have the right to be physically present
    16  at any suppression hearing resulting from a motion to suppress  evidence
    17  made before trial or during trial.
    18    § 7. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.
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