Assembly Bill A3897

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

                                  3897

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  MAYERSOHN  --  read once and referred 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.
  S 3. The family court act is amended by adding a new section 340.3  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04399-01-9
              

A. 3897                             2

  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.