senate Bill S647

Permits access by a victim to the proceedings of a juvenile offender

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Permits access to a crime victim to information about status of case he or she was involved in and the right to participate in the proceedings of a juvenile offender.

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Bill Details

See Assembly Version of this Bill:
A5326
Versions:
S647
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §1.20, add Art 235 §235.10, CP L; add §340.3, Fam Ct Act
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1782, A4944
2009-2010: S1553, A3897
2007-2008: A7965

Sponsor Memo

BILL NUMBER:S647

TITLE OF BILL:
An act
to amend the criminal procedure law and the family court act, in
relation to a victim's right of access to information in certain
proceedings

PURPOSE:
This bill gives a crime victim access to information about the status
of the case in which he was involved, and the right to participate in
the judicial proceedings of a juvenile offender.

SUMMARY OF SPECIFIC PROVISIONS:
o Section 1.20 of the criminal procedure law is amended by adding a
new subdivision 44 which reads: "Victim" means a person as defined in
subdivision seven of section 10.00 of the penal law alleged to have
sustained physical injury to person or financial damage to property
as a direct result of the crime or crimes charged in an accusatory
instrument.

o A new article 235 is added to the Criminal Procedure Law, entitling
a victim of a crime to certain information on the status of the case.
This information includes the plea the accused has entered, the trial
date assigned to the accused, whether the case has been transferred
to another court, and the general status of the case The prosecutor
of the case is responsible for turning this information over to the
victim on demand.

o A new section, 340.3, is added to the Family Court Act, giving the
victim access to the same information in the case of a juvenile
offender. A victim is also given the right to request participation
in the proceedings against a juvenile, subject to the approval of the
court.

JUSTIFICATION:
The information that will be given to the victim under this bill is
clearly information which may have a direct bearing upon the victim's
well being. Access to this information should surely be a matter of
right. Too often, the criminal justice system, given its heavy
workload and the necessity of safeguarding the rights of the accused,
neglects the victims and their needs. Providing the victim with
updated information on the status of cases will not only protect
victims, it will increase their confidence in the criminal justice
system, and encourage them to take a more active role in bringing
criminals to justice.

PRIOR LEGISLATIVE HISTORY:
This bill has been introduced in previous legislative sessions.

FISCAL IMPLICATIONS:
Agencies responsible for prosecution will have to develop a system to
keep victims informed The cost should be minimal, as the information
to be provided to the victim is certainly already part of the
prosecution's file on the case.


EFFECTIVE DATE:
180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   647

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation  to  a  victim's  right  of  access to information in certain
  proceedings

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

  Section  1.  Section  1.20 of the criminal procedure law is amended by
adding a new subdivision 44 to read as follows:
  44. "VICTIM" MEANS A PERSON AS DEFINED IN SUBDIVISION SEVEN OF SECTION
10.00 OF THE PENAL LAW ALLEGED TO  HAVE  SUSTAINED  PHYSICAL  INJURY  TO
PERSON  OR  FINANCIAL DAMAGE TO PROPERTY AS A DIRECT RESULT OF THE CRIME
OR CRIMES CHARGED IN AN ACCUSATORY INSTRUMENT.
  S 2. The criminal procedure law is amended by adding a new article 235
to read as follows:
                                ARTICLE 235
                      VICTIM'S RIGHT TO DISCLOSURE
                      OF THE ACCUSED'S CASE STATUS
SECTION 235.10 VICTIM'S RIGHT OF ACCESS.
S 235.10 VICTIM'S RIGHT OF ACCESS.
  1. A VICTIM OF A CRIME MAY OBTAIN UPON  DEMAND  FROM  THE  PROSECUTOR,
INFORMATION CONCERNING THE STATUS OF THE ACCUSED'S CASE FROM THE TIME OF
ARRAIGNMENT TO SENTENCING.
  2. A VICTIM HAS THE RIGHT TO KNOW WHAT PLEA THE ACCUSED HAS ENTERED.
  3.  A  VICTIM  HAS THE RIGHT TO KNOW WHAT TRIAL DATE HAS BEEN ASSIGNED
FOR TRYING THE ACCUSED.
  4. A VICTIM HAS THE RIGHT TO KNOW  IF  THE  ACCUSED'S  CASE  HAS  BEEN
TRANSFERRED  TO  A  COURT  OTHER THAN THE ORIGINAL ONE WHERE THE ACCUSED
ENTERED HIS/HER PLEA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03591-01-3

S. 647                              2

  S 3. The family court act is amended by adding a new section 340.3  to
read as follows:
  S  340.3. VICTIM'S RIGHT OF ACCESS TO DISCLOSURE OF THE ACCUSED'S CASE
STATUS. 1. "VICTIM" MEANS AN INDIVIDUAL, A CORPORATION, AN UNINCORPORAT-
ED ASSOCIATION, A PARTNERSHIP, OR A GOVERNMENTAL AGENCY OR INSTRUMENTAL-
ITY ALLEGED TO HAVE SUSTAINED PHYSICAL INJURY  TO  PERSON  OR  FINANCIAL
DAMAGE  TO PROPERTY AS A DIRECT RESULT OF THE CRIME OR CRIMES CHARGED IN
AN ACCUSATORY INSTRUMENT, AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  2.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, THE
VICTIM SHALL HAVE THE RIGHT TO REQUEST PARTICIPATION IN THE PROCEEDINGS,
AND SUCH REQUEST SHALL BE GRANTED BY THE COURT UNLESS IT  CAN  BE  SHOWN
FOR  GOOD  CAUSE  THAT  SUCH  PARTICIPATION  WOULD  INHIBIT THE JUDICIAL
PROCEEDINGS.
  3. A VICTIM MAY OBTAIN UPON DEMAND FROM THE AGENCY RESPONSIBLE FOR THE
PROSECUTION OF THE ACCUSED, INFORMATION CONCERNING  THE  STATUS  OF  THE
ACCUSED'S CASE FROM THE TIME OF ARRAIGNMENT TO SENTENCING.
  4.  A  VICTIM  HAS  THE  RIGHT  TO KNOW WHAT PLEA THE ACCUSED HAS BEEN
OFFERED.
  5. A VICTIM HAS THE RIGHT TO KNOW WHAT HEARING OR TRIAL DATE HAS  BEEN
ASSIGNED FOR TRYING THE ACCUSED.
  6.  NOTWITHSTANDING  THE  PROVISIONS OF SECTION 341.1 OF THIS ARTICLE,
THE VICTIM HAS THE RIGHT TO ATTEND THE HEARING AND/OR TRIAL.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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