Assembly Bill A3937

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

                                  3937

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of  A.  RAIA,  ALFANO,  CALHOUN, McKEVITT, WALKER --
  Multi-Sponsored by -- M. of A. BACALLES, BARRA, BUTLER, CONTE, CROUCH,
  FINCH, KOLB, McDONOUGH, MILLER, O'MARA, RABBITT, TOWNSEND -- read once
  and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  the personal presence of crime victims during trial

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

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
determines  that  in  the interest of the fair administration of justice
that a victim of a criminal  offense  be  afforded  the  opportunity  to
attend  any  trial  or  hearing conducted by any court which pertains to
such criminal offense.
  Further, the legislature hereby finds  and  determines,  that  in  the
interest of the fair administration of justice that a victim of a crimi-
nal  offense  not be excluded from any hearing or trial conducted by any
court which pertains to such criminal offense merely because the  victim
has or may testify at such hearings or trial. The legislature finds that
the right of the victim to be personally present during a trial or hear-
ing should be guaranteed to further the interests of justice.
  S  2.  The  criminal  procedure  law  is  amended  by adding three new
sections 260.25, 260.26 and 260.27 to read as follows:
S 260.25 CRIME VICTIM'S COURT ATTENDANCE.
  THE VICTIM OF A CRIMINAL OFFENSE,  OR  HIS  REPRESENTATIVE,  SHALL  BE
ENTITLED  TO BE PERSONALLY PRESENT DURING THE TRIAL OF AN INDICTMENT AND
SHALL BE SEATED DURING SUCH TRIAL AT THE COUNSEL TABLE OF  THE  PROSECU-
TOR.
S 260.26  EXEMPTION FROM RULE REQUIRING EXCLUSION OF WITNESS FROM COURT;
            REMOVAL GENERALLY.
  A CRIME VICTIM SHALL BE EXEMPT FROM THE OPERATION OF  RULE  OF  COURT,
REGULATION OR STATUTE OR OTHER LAW REQUIRING THE SEPARATION OR EXCLUSION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06603-01-9
              

A. 3937                             2

OF WITNESSES FROM COURT IN CRIMINAL HEARINGS OR TRIALS. PROVIDED, HOWEV-
ER,  IF  A  CRIME  VICTIM/WITNESS  CONDUCTS HIMSELF IN SO DISORDERLY AND
DISRUPTIVE A MANNER THAT THE TRIAL CANNOT BE CARRIED ON WITH HIM IN  THE
COURTROOM,  HE  MAY  BE REMOVED FROM THE COURTROOM IF, AFTER HE HAS BEEN
WARNED BY THE COURT THAT  HE  WILL  BE  REMOVED  IF  HE  CONTINUES  SUCH
CONDUCT, HE CONTINUES TO ENGAGE IN SUCH CONDUCT.
S 260.27 DESIGNATION OF REPRESENTATIVE.
  IF  A  VICTIM  IS  UNABLE  TO ATTEND THE TRIAL OF AN INDICTMENT OR ANY
PORTION THEREOF BY REASON OF DEATH,  DISABILITY,  HARDSHIP,  INCAPACITY,
PHYSICAL,  MENTAL,  OR EMOTIONAL CONDITION, AGE, OR OTHER INABILITY, THE
VICTIM, THE VICTIM'S GUARDIAN OR THE VICTIM'S FAMILY MAY SELECT A REPRE-
SENTATIVE WHO SHALL BE ENTITLED TO EXERCISE ANY  RIGHT  GRANTED  TO  THE
VICTIM.   PROVIDED, HOWEVER, IN THE EVENT OF A DISPUTE, THE COURT IN ITS
DISCRETION MAY DESIGNATE SUCH REPRESENTATIVE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.