Provides that the division of criminal justice services provide statistics as to witnesses in court proceedings that have been threatened, attacked or killed

2 Co-sponsors

• Ruben Diaz
• Liz Krueger

Title of bill

An act to amend the executive law, in relation to compiling statistics on court witnesses that have been threatened, attacked or killed

Purpose or general idea of bill

This bill would require the NYS Division of Criminal Justice Services to provide statistics as to witnesses in court proceedings that have been threatened, attacked or killed.

Summary of specific provisions

Add; new section 837s to the executive law that requires police chiefs, county sheriff and the Superintendent of the State Police to submit a report to the division of every threat, attack or death of a witness in a court proceeding investigated by his or her law enforcement agency during the previous calendar year. These reports must be submitted to the division on or before January 15th of each calendar year.

Requires the Division of Criminal Justice Services to complete a report on or before March 1st of each calendar year that that includes all reports filed pursuant to subdivision 1 of this legislation. Requires that such reports shall be submitted to the Governor, President Pro Tem of the Senate and the Speaker of the Assembly. Such report shall include the number of threats, attacks and deaths committed against witnesses in court proceedings as well as whether or not the threat, attack or death was committed by a person who was a party to the proceeding or by a person associated with a person who was a party to the proceeding.

Effects of present law which this bill would alter

There is currently no requirement that the Division of Criminal Justice Services compile reports regarding witnesses in court proceedings who have been threatened, attacked or killed.

Justification

Many individuals who have been witnesses to crimes in New York have been coerced into silence through intimidation or violence by those they are testifying against or by their associates. Others witnesses have been murdered. In one particular case, Bobby Gibson, a witness to a murder was himself gunned down in Brooklyn. After his murder, numerous witnesses refused to testify or went into hiding. New York must address the problem of violence against, intimidation of, or harassment of witnesses. If witnesses are not protected they may refuse to testify in court proceedings and this would impair the functioning and integrity of our judicial system. We must do our utmost to protect witnesses in all court proceedings in the State of New York. The first step toward ensuring protection for people who testify in our courts is to fully understand the extent of the problem so that it can be addressed by the Legislature and the Governor through further legislation. This bill will allow New York to gage the extent of the problem of witnesses being threatened, attacked or killed.

Legislative history

S.3116 of 2007

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the 120th day after it shall have become a law, provided that any procedure, rules and/or regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.