Assembly Bill A3514

Vetoed By Governor
2009-2010 Legislative Session

Provides for furnishing transcript of trial of a defendant convicted of a homicide offense to a family member of the victim at no cost to the family member

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Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2009-A3514 - Details

Laws Affected:
Add §380.75, CP L

2009-A3514 - Summary

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.

2009-A3514 - Sponsor Memo

2009-A3514 - Bill Text download pdf

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

                                  3514

                       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

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  cost of transcripts

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

  Section 1. The civil practice law and rules is amended by adding a new
section 8301-a to read as follows:
  S 8301-A. STENOGRAPHIC TRANSCRIPT.  UPON FORMAL REQUEST FROM FAMILIES'
SURVIVORS  OF HOMICIDE VICTIMS, THE COURT CLERK, AFTER THE CONCLUSION OF
A TRIAL FOR THE CRIME OF MURDER OR HOMICIDE AS DEFINED IN THE PENAL LAW,
SHALL SO NOTIFY THE COURT STENOGRAPHER, WHO, WITHIN A PERIOD  OF  NINETY
DAYS  OF  SUCH NOTIFICATION SHALL MAKE A COPY USING AVAILABLE TECHNOLOGY
SUCH AS XEROX OR A SCANNER OF THE TRANSCRIPT OF THE STENOGRAPHIC MINUTES
OF SAID TRIAL OR HEARING, AND  SHALL  DELIVER  SAID  TRANSCRIPT  TO  THE
VICTIM'S  SURVIVORS  OR THEIR ATTORNEY, AND FILE WITH THE COURT CLERK AN
AFFIDAVIT OF THE FACT AND DATE OF SUCH DELIVERY AND FILING. THE  EXPENSE
OF  SUCH  TRANSCRIPT SHALL BE A COUNTY CHARGE OR, IN THE COUNTIES WITHIN
THE CITY OF NEW YORK, A CITY CHARGE, AS THE CASE MAY BE, PAYABLE TO  THE
STENOGRAPHER  OUT  OF  THE  COURT FUND UPON THE CERTIFICATE OF THE JUDGE
PRESIDING AT THE TRIAL OR HEARING.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05527-01-9


              

2009-A3514A (ACTIVE) - Details

Laws Affected:
Add §380.75, CP L

2009-A3514A (ACTIVE) - Summary

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.

2009-A3514A (ACTIVE) - Sponsor Memo

2009-A3514A (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 380.75 to read as follows:
S 380.75 STENOGRAPHIC TRANSCRIPT.
  UPON FORMAL REQUEST OF A MEMBER OF THE  FAMILY  OF  THE  VICTIM,  MADE
WITHIN  ONE  HUNDRED  EIGHTY  DAYS AFTER THE DATE OF THE CONVICTION OF A
DEFENDANT  OF  A  HOMICIDE  OFFENSE  DEFINED  IN  ARTICLE  ONE   HUNDRED
TWENTY-FIVE OF THE PENAL LAW, THE COURT SHALL NOTIFY THE COURT STENOGRA-
PHER,  WHO  SHALL  MAKE  AVAILABLE,  PURSUANT  TO THE RULES OF THE CHIEF
ADMINISTRATOR OF THE COURTS FOR THE DELIVERY OF TRANSCRIPTS FOR APPEALS,
A CERTIFIED COPY, PRODUCED USING AVAILABLE TECHNOLOGY SUCH AS A PHOTOCO-
PIER, OF THE TRANSCRIPT OF THE STENOGRAPHIC MINUTES OF THE  TRIAL  WHICH
RESULTED IN SUCH CONVICTION OR, IF THERE WAS NO TRIAL, OF THE PROCEEDING
WHICH RESULTED IN SUCH CONVICTION.  THE COURT STENOGRAPHER SHALL DELIVER
THE COPY OF SUCH TRANSCRIPT TO THE FAMILY MEMBER OR HIS OR HER ATTORNEY,
AND  FILE WITH THE COURT CLERK AN AFFIDAVIT OF THE FACT AND DATE OF SUCH
DELIVERY. THE EXPENSE OF THE COPY OF SUCH TRANSCRIPT PROVIDED TO A FAMI-
LY MEMBER SHALL BE A COUNTY CHARGE OR, IN THE COUNTIES WITHIN  THE  CITY
OF  NEW  YORK,  A  CITY CHARGE, AS THE CASE MAY BE, PAYABLE TO THE COURT
STENOGRAPHER OUT OF THE COURT FUND UPON CERTIFICATE  OF  THE  JUDGE  WHO
PRESIDED AT SUCH TRIAL OR PROCEEDINGS.
  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
              

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