Bill Text: NY A03514 | 2009-2010 | General Assembly | Amended

New York Assembly Bill 3514 (Prior Session Legislation)

Amended

Bill Title: Provides for furnishing of a copy of the transcript of the trial of a defendant convicted of a homicide offense, or of the proceedings which resulted in such conviction, to a family member of the victim at no cost to the victim or survivors; provides that the expense thereof shall be chargeable to the county, or in the counties within the city of New York, a city charge, as the case may be.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Vetoed) 2010-08-16 - tabled [A03514 Detail]

Download: New_York-2009-A03514-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3514--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by  M.  of  A. GIANARIS, DelMONTE, GALEF, ESPAILLAT, POWELL,
         KOON --  Multi-Sponsored  by  --  M.  of  A.  HOOPER,  JOHN,  PHEFFER,
         N. RIVERA  --  read once and referred to the Committee on Judiciary --
         reported  and  referred  to  the  Committee  on  Codes  --   committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT to amend the criminal procedure law, in relation to the delivery
         of stenographic transcripts to family members of victims of homicides
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  criminal  procedure  law  is amended by adding a new
    2  section 380.75 to read as follows:
    3  S 380.75 STENOGRAPHIC TRANSCRIPT.
    4    UPON FORMAL REQUEST OF A MEMBER OF THE  FAMILY  OF  THE  VICTIM,  MADE
    5  WITHIN  ONE  HUNDRED  EIGHTY  DAYS AFTER THE DATE OF THE CONVICTION OF A
    6  DEFENDANT  OF  A  HOMICIDE  OFFENSE  DEFINED  IN  ARTICLE  ONE   HUNDRED
    7  TWENTY-FIVE OF THE PENAL LAW, THE COURT SHALL NOTIFY THE COURT STENOGRA-
    8  PHER,  WHO  SHALL  MAKE  AVAILABLE,  PURSUANT  TO THE RULES OF THE CHIEF
    9  ADMINISTRATOR OF THE COURTS FOR THE DELIVERY OF TRANSCRIPTS FOR APPEALS,
   10  A CERTIFIED COPY, PRODUCED USING AVAILABLE TECHNOLOGY SUCH AS A PHOTOCO-
   11  PIER, OF THE TRANSCRIPT OF THE STENOGRAPHIC MINUTES OF THE  TRIAL  WHICH
   12  RESULTED IN SUCH CONVICTION OR, IF THERE WAS NO TRIAL, OF THE PROCEEDING
   13  WHICH RESULTED IN SUCH CONVICTION.  THE COURT STENOGRAPHER SHALL DELIVER
   14  THE COPY OF SUCH TRANSCRIPT TO THE FAMILY MEMBER OR HIS OR HER ATTORNEY,
   15  AND  FILE WITH THE COURT CLERK AN AFFIDAVIT OF THE FACT AND DATE OF SUCH
   16  DELIVERY. THE EXPENSE OF THE COPY OF SUCH TRANSCRIPT PROVIDED TO A FAMI-
   17  LY MEMBER SHALL BE A COUNTY CHARGE OR, IN THE COUNTIES WITHIN  THE  CITY
   18  OF  NEW  YORK,  A  CITY CHARGE, AS THE CASE MAY BE, PAYABLE TO THE COURT
   19  STENOGRAPHER OUT OF THE COURT FUND UPON CERTIFICATE  OF  THE  JUDGE  WHO
   20  PRESIDED AT SUCH TRIAL OR PROCEEDINGS.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05527-02-9