Assembly Bill A4537

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

                                  4537

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. MAYERSOHN, ESPAILLAT, KOON -- Multi-Sponsored by
  -- M. of A. ALFANO, BARRA, COLTON, HOOPER, SWEENEY --  read  once  and
  referred to the Committee on Codes

AN  ACT  to  amend  the  criminal procedure law, in relation to granting
  victims the right to attend criminal trials and pretrial proceedings

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

  Section  1. Section 210.10 of the criminal procedure law is amended by
adding a new subdivision 7 to read as follows:
  7. THE VICTIM OR, IN A CASE INVOLVING A MINOR CHILD VICTIM OR A  HOMI-
CIDE,  A  FAMILY  MEMBER  OF  THE  VICTIM  SHALL  HAVE  THE  RIGHT TO BE
PERSONALLY PRESENT AT THE ARRAIGNMENT OF THE DEFENDANT.
  S 2. The criminal procedure law is amended by  adding  a  new  section
340.60 to read as follows:
S 340.60 VICTIM'S PRESENCE AT TRIAL.
  THE  VICTIM,  EXCEPT  A  VICTIM  WHO  INTENDS TO GIVE TESTIMONY IN THE
TRIAL, OR, IN A CASE INVOLVING A CHILD VICTIM OR A  HOMICIDE,  A  FAMILY
MEMBER  OF  THE  VICTIM SHALL HAVE THE RIGHT TO BE PERSONALLY PRESENT AT
SUCH TRIAL.
  S 3. The criminal procedure law is amended by  adding  a  new  section
380.45 to read as follows:
S 380.45 VICTIM'S PRESENCE AT SENTENCING.
  THE  VICTIM  OR,  IN  A CASE INVOLVING A CHILD VICTIM OR A HOMICIDE, A
FAMILY MEMBER OF THE VICTIM SHALL HAVE THE RIGHT TO BE PERSONALLY  PRES-
ENT AT SENTENCING.
  S 4. Subdivision 2 of section 400.10 of the criminal procedure law, as
amended  by  chapter  263  of  the  laws  of 1984, is amended to read as
follows:
  2. Attendance. Such conference may be held  with  the  prosecutor  and
defense counsel in the absence of the defendant, or the court may direct
that  the  defendant attend.   The court may also direct that any person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04494-01-9
              

A. 4537                             2

who has furnished or who can furnish information to the court concerning
sentence attend. THE VICTIM, OR IN A CASE INVOLVING A MINOR CHILD  OR  A
HOMICIDE, A FAMILY MEMBER OF THE VICTIM, SHALL HAVE THE RIGHT TO ATTEND.
Reasonable  notice of the conference must be given to the prosecutor and
the defense counsel, who must be afforded an opportunity to  participate
therein.
  S  5.  The  criminal  procedure law is amended by adding a new section
530.15 to read as follows:
S 530.15 VICTIM'S PRESENCE AT BAIL PROCEEDING.
  THE VICTIM, OR IN THE CASE OF A MINOR VICTIM OR A HOMICIDE,  A  FAMILY
MEMBER  OF  THE VICTIM, SHALL HAVE THE RIGHT TO BE PHYSICALLY PRESENT AT
ANY BAIL PROCEEDING.
  S 6. Section 710.60 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. THE VICTIM, OR IN THE CASE OF A MINOR VICTIM OR A HOMICIDE, A FAMI-
LY MEMBER OF THE VICTIM, SHALL HAVE THE RIGHT TO BE  PHYSICALLY  PRESENT
AT  ANY SUPPRESSION HEARING RESULTING FROM A MOTION TO SUPPRESS EVIDENCE
MADE BEFORE TRIAL OR DURING TRIAL.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.