Permits access by a victim to the proceedings of a juvenile offender

BILL NUMBER:S1782

Title of bill

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

Purpose

This bill gives a crime victim access to information about the status of the case in which he was involved, and the right to participate in the judicial proceedings of a juvenile offender.

* Section 1.20 of the criminal procedure law is amended by adding a new subdivision 44 which reads: "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.

* A new article 235 is added to the Criminal Procedure Law, entitling a victim of a crime to certain information on the status of the case. This information includes the plea the accused has entered, the trial date assigned to the accused, whether the case has been transferred to another court, and the general status of the case. The prosecutor of the case is responsible for turning this information over to the victim on demand.

* A new section, 340.3, is added to the Family Court Act, giving the victim access to the same information in the case of a juvenile offender. A victim is also given the right to request participation in the proceedings against a juvenile, subject to the approval of the court.

Justification

The information that will be given to the victim under this bill is clearly information which may have a direct bearing upon the victim's well being. Access to this information should surely be a matter of right. Too often, the criminal justice system, given its heavy workload and the necessity of safeguarding the rights of the accused, neglects the victims and their needs. Providing the victim with updated information on the status of cases will not only protect victims, it will increase their confidence in the criminal justice system, and encourage them to take a more active role in bringing criminals to justice.

Prior legislative history

This bill has been introduced in previous legislative sessions.

Fiscal implications

Agencies responsible for prosecution will have to develop a system to keep victims informed. The cost should be minimal, as the information to be provided to the victim is certainly already part of the prosecution's file on the case.

Effective date

180 days after enactment.