S T A T E   O F   N E W   Y O R K
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                                  7254

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN, KOON -- Multi-Sponsored by -- M. of A.
  McDONOUGH -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to expanding the
  number of a victim's family members who may speak at the sentencing of
  a defendant and permitting the showing of a photograph of  a  deceased
  victim during certain portions of certain homicide trials

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 2 of paragraph (a) of subdivision 2 of section
380.50 of the criminal procedure law, as separately amended by  chapters
173 and 198 of the laws of 1996, is amended to read as follows:
  (2)  if  such  victim  is  unable  or  unwilling to express himself or
herself before the court or a person so mentally or physically  disabled
as  to  make it impracticable to appear in court in person or the victim
is deceased, [a member] THEN  MEMBERS  of  the  family  of  such  victim
INCLUDING  THE  SPOUSE,  PARENTS, GRANDPARENTS, CHILDREN, GRANDCHILDREN,
SIBLINGS, AUNTS AND UNCLES, or the legal guardian or  representative  of
the  legal  guardian of the victim where such guardian or representative
has personal knowledge of and a relationship with the victim, unless the
court finds that it would be inappropriate for such  person  to  make  a
statement  on  behalf  of the victim.  FOR THE PURPOSES OF THIS SUBPARA-
GRAPH, THE TERM SPOUSE SHALL ALSO INCLUDE A DOMESTIC PARTNER.  THE  TERM
"DOMESTIC  PARTNER"  MEANS  A PERSON WHO RESIDED WITH THE VICTIM AND WHO
CAN  PROVE  EMOTIONAL  AND  FINANCIAL  COMMITMENT,  AND  INTERDEPENDENCE
BETWEEN SUCH PERSON AND THE VICTIM.
  S  2. The criminal procedure law is amended by adding two new sections
260.40 and 320.30 to read as follows:
S 260.40 JURY TRIAL; DISPLAY OF PHOTOGRAPH OF DECEASED VICTIM IN CERTAIN
           HOMICIDE TRIALS.
  IN ANY JURY TRIAL OF A DEFENDANT CHARGED  WITH  MURDER  IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  125.27, MURDER IN THE SECOND DEGREE AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10704-01-9
              

A. 7254                             2

DEFINED IN SECTION 125.25,  AGGRAVATED  MURDER  AS  DEFINED  IN  SECTION
125.26,  MANSLAUGHTER  IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20,
MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION  125.15,  AGGRA-
VATED  MANSLAUGHTER  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 125.22,
AGGRAVATED MANSLAUGHTER IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
125.21, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION
125.13,  VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE  AS DEFINED IN
SECTION 125.12, AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE AS  DEFINED  IN
SECTION  125.11,  OR CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION
125.10 OF THE PENAL LAW, THE PEOPLE MAY SHOW OR DISPLAY A PHOTOGRAPH  OF
THE  DECEASED VICTIM TO THE JURY DURING THE PEOPLE'S OPENING ADDRESS AND
DURING SUMMATION; PROVIDED HOWEVER, THAT THE PHOTOGRAPH IS  A  FAIR  AND
ACCURATE REPRESENTATION OF THE VICTIM, IS NOT INTRINSICALLY INFLAMMATORY
IN NATURE, AND IS NOT IN EXCESS OF EIGHT INCHES BY TEN INCHES IN SIZE.
S 320.30 NON-JURY  TRIAL;  DISPLAY  OF  PHOTOGRAPH OF DECEASED VICTIM IN
           CERTAIN HOMICIDE TRIALS.
  IN ANY NON-JURY TRIAL OF A DEFENDANT CHARGED WITH MURDER IN THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  125.27, MURDER IN THE SECOND DEGREE AS
DEFINED IN SECTION 125.25,  AGGRAVATED  MURDER  AS  DEFINED  IN  SECTION
125.26,  MANSLAUGHTER  IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20,
MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION  125.15,  AGGRA-
VATED  MANSLAUGHTER  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 125.22,
AGGRAVATED MANSLAUGHTER IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
125.21, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION
125.13,  VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE  AS DEFINED IN
SECTION 125.12, AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE AS  DEFINED  IN
SECTION  125.11,  OR CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION
125.10 OF THE PENAL LAW, THE PEOPLE MAY SHOW OR DISPLAY A PHOTOGRAPH  OF
THE DECEASED VICTIM TO THE COURT DURING THE PEOPLE'S OPENING ADDRESS AND
DURING  SUMMATION;  PROVIDED  HOWEVER, THAT THE PHOTOGRAPH IS A FAIR AND
ACCURATE REPRESENTATION OF THE VICTIM, IS NOT INTRINSICALLY INFLAMMATORY
IN NATURE, AND IS NOT IN EXCESS OF EIGHT INCHES BY TEN INCHES IN SIZE.
  S 3. This act shall take effect immediately.