Provides crime victim's right to attend criminal trial and pretrial proceeding

BILL NUMBER:S4667

Title of bill

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

Summary of specific provisions

This bill provides that the victim, or a member of the victim's family in cases involving child victims or homicide, have the right to be present at essential stages of the criminal justice process including arraignment, trial, pre-sentence conference, sentencing, bail hearings and suppression hearings.

Justification

While the accused has a right to confrontation, victims are excluded from courtrooms so that their testimony could not be influenced by their observations. However, as pointed out by the President's Task Force on Victims of Crime: "The crime is often one of the most significant events in the lives of victims and their families. They, no less than the defendant, have a legitimate interest in the fair adjudication of the case, and should therefore, as an exception to the general rule providing for the exclusion of witness, be permitted to be present for the entire trial." The Fair Treatment Standards for victim/witnesses enacted in 1984 ensures victims of the right to be notified of the occurrence of various stages of the criminal process. It is a logical extension to accord victims the right to attend these proceedings.

Fiscal implications

None.

Prior legislative history

1995-96: Assembly Codes Cmte. 1997-98: Assembly Codes Cmte. 1999-00; Assembly Codes Cmte. 2001-02: Assembly Codes Cmte. 2003-04: Senate Codes Cmte./Assembly Codes Cmte. 2005-06: Senate Codes Cmte./Assembly Codes Cmte. 2007-08: Senate Codes Cmte./Assembly Codes Cmte. 2009-10: Senate Codes Cmte./Assembly Codes Cmte.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.