Bill Text: NY S05213 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 5213 (Prior Session Legislation)

Introduced

Bill Title: Permits access to a crime victim to information about status of case he or she was involved in and the right to participate in the proceedings of a juvenile offender.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S05213 Detail]

Download: New_York-2017-S05213-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5213
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 16, 2017
                                       ___________
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed 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:
     1    Section  1.  Section  1.20 of the criminal procedure law is amended by
     2  adding a new subdivision 44 to read as follows:
     3    44. "Victim" means a person as defined in subdivision seven of section
     4  10.00 of the penal law alleged to  have  sustained  physical  injury  to
     5  person  or  financial damage to property as a direct result of the crime
     6  or crimes charged in an accusatory instrument.
     7    § 2. The criminal procedure law is amended by adding a new article 235
     8  to read as follows:
     9                                  ARTICLE 235
    10                        VICTIM'S RIGHT TO DISCLOSURE
    11                        OF THE ACCUSED'S CASE STATUS
    12  Section 235.10 Victim's right of access.
    13  § 235.10 Victim's right of access.
    14    1. A victim of a crime may obtain upon  demand  from  the  prosecutor,
    15  information concerning the status of the accused's case from the time of
    16  arraignment to sentencing.
    17    2. A victim has the right to know what plea the accused has entered.
    18    3.  A  victim  has the right to know what trial date has been assigned
    19  for trying the accused.
    20    4. A victim has the right to know  if  the  accused's  case  has  been
    21  transferred  to  a  court  other than the original one where the accused
    22  entered his/her plea.
    23    § 3. The family court act is amended by adding a new section 340.3  to
    24  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03480-01-7

        S. 5213                             2
     1    §  340.3. Victim's right of access to disclosure of the accused's case
     2  status. 1. "Victim" means an individual, a corporation, an unincorporat-
     3  ed association, a partnership, or a governmental agency or instrumental-
     4  ity alleged to have sustained physical injury  to  person  or  financial
     5  damage  to property as a direct result of the crime or crimes charged in
     6  an accusatory instrument, as that term is defined in subdivision one  of
     7  section 1.20 of the criminal procedure law.
     8    2.  Notwithstanding any provision of this chapter to the contrary, the
     9  victim shall have the right to request participation in the proceedings,
    10  and such request shall be granted by the court unless it  can  be  shown
    11  for  good  cause  that  such  participation  would  inhibit the judicial
    12  proceedings.
    13    3. A victim may obtain upon demand from the agency responsible for the
    14  prosecution of the accused, information concerning  the  status  of  the
    15  accused's case from the time of arraignment to sentencing.
    16    4.  A  victim  has  the  right  to know what plea the accused has been
    17  offered.
    18    5. A victim has the right to know what hearing or trial date has  been
    19  assigned for trying the accused.
    20    6.  Notwithstanding  the  provisions of section 341.1 of this article,
    21  the victim has the right to attend the hearing and/or trial.
    22    § 4. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.