Bill Text: NY A03260 | 2017-2018 | General Assembly | Introduced

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Bill Title: Entitles the victim of a criminal offense, or his or her representative, to be personally present during the trial of the accused and to be seated at the prosecutors table whether or not he/she is to be called as a witness.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2018-06-05 - held for consideration in codes [A03260 Detail]

Download: New_York-2017-A03260-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3260
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
     2  determines  that  in  the interest of the fair administration of justice
     3  that a victim of a criminal  offense  be  afforded  the  opportunity  to
     4  attend  any  trial  or  hearing conducted by any court which pertains to
     5  such criminal offense.
     6    Further, the legislature hereby finds  and  determines,  that  in  the
     7  interest of the fair administration of justice that a victim of a crimi-
     8  nal  offense  not be excluded from any hearing or trial conducted by any
     9  court which pertains to such criminal offense merely because the  victim
    10  has or may testify at such hearings or trial. The legislature finds that
    11  the right of the victim to be personally present during a trial or hear-
    12  ing should be guaranteed to further the interests of justice.
    13    §  2.  The  criminal  procedure  law  is  amended  by adding three new
    14  sections 260.25, 260.26 and 260.27 to read as follows:
    15  § 260.25 Crime victim's court attendance.
    16    The victim of a criminal offense,  or  his  representative,  shall  be
    17  entitled  to be personally present during the trial of an indictment and
    18  shall be seated during such trial at the counsel table of  the  prosecu-
    19  tor.
    20  § 260.26  Exemption from rule requiring exclusion of witness from court;
    21              removal generally.
    22    A crime victim shall be exempt from the operation of  rule  of  court,
    23  regulation or statute or other law requiring the separation or exclusion
    24  of witnesses from court in criminal hearings or trials. Provided, howev-
    25  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
     1  disruptive a manner that the trial cannot be carried on with him in  the
     2  courtroom,  he  may  be removed from the courtroom if, after he has been
     3  warned by the court that  he  will  be  removed  if  he  continues  such
     4  conduct, he continues to engage in such conduct.
     5  § 260.27 Designation of representative.
     6    If  a  victim  is  unable  to attend the trial of an indictment or any
     7  portion thereof by reason of death,  disability,  hardship,  incapacity,
     8  physical,  mental,  or emotional condition, age, or other inability, the
     9  victim, the victim's guardian or the victim's family may select a repre-
    10  sentative who shall be entitled to exercise any  right  granted  to  the
    11  victim.   Provided, however, in the event of a dispute, the court in its
    12  discretion may designate such representative.
    13    § 3. This act shall take effect on the ninetieth day  after  it  shall
    14  have become a law.