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