S T A T E O F N E W Y O R K
________________________________________________________________________
2883
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. KOON, HOOPER, ORTIZ -- Multi-Sponsored by -- M.
of A. ABBATE, COLTON, DINOWITZ, GALEF, P. RIVERA, ROBINSON, SCHIMMING-
ER, WEISENBERG -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the presence
of a victim's photograph at trial
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 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 OF THE PENAL LAW, AGGRAVATED MURDER
AS DEFINED IN SECTION 125.26 OF THE PENAL LAW, MURDER IN THE SECOND
DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW, AGGRAVATED
MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.22 OF THE
PENAL LAW, AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN
SECTION 125.21 OF THE PENAL LAW, MANSLAUGHTER IN THE FIRST DEGREE AS
DEFINED IN SECTION 125.20 OF THE PENAL LAW, MANSLAUGHTER IN THE SECOND
DEGREE AS DEFINED IN SECTION 125.15 OF THE PENAL LAW, VEHICULAR
MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE
PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN
SECTION 125.12 OF THE PENAL LAW, AGGRAVATED CRIMINALLY NEGLIGENT HOMI-
CIDE AS DEFINED IN SECTION 125.11 OF THE PENAL LAW, OR CRIMINALLY NEGLI-
GENT 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 BY TEN INCHES IN SIZE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01634-01-9
A. 2883 2
S 320.30 NON-JURY TRIAL; DISPLAY OF A 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 OF THE PENAL LAW, AGGRAVATED MURDER
AS DEFINED IN SECTION 125.26 OF THE PENAL LAW, MURDER IN THE SECOND
DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW, AGGRAVATED
MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.22 OF THE
PENAL LAW, AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN
SECTION 125.21 OF THE PENAL LAW, MANSLAUGHTER IN THE FIRST DEGREE AS
DEFINED IN SECTION 125.20 OF THE PENAL LAW, MANSLAUGHTER IN THE SECOND
DEGREE AS DEFINED IN SECTION 125.15 OF THE PENAL LAW, VEHICULAR
MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE
PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN
SECTION 125.12 OF THE PENAL LAW, AGGRAVATED CRIMINALLY NEGLIGENT HOMI-
CIDE AS DEFINED IN SECTION 125.11 OF THE PENAL LAW, OR CRIMINALLY NEGLI-
GENT 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 BY TEN INCHES IN SIZE.
S 2. This act shall take effect immediately.