Creates the victim notification act to provide information relating to the criminal justice system; repealer

Summary of specific provisions

Section 440.50 of the criminal procedure law is REPEALED. Part 3 of the criminal procedure law is amended by adding a new title V to create the Victim Notification Act. It sets up a mechanism for developing a victim notification form which would contain information about the crime victim, the crime itself, the adverse effects suffered by the victim and how the victim can be reached for notification purposes.

If a victim elects to file a victim notice form and therein indicates a wish to be notified, a procedure is set forth for making sure the victim's right to be informed is assured The notification form, once filed, is appended to the accusatory instrument and subsequently forwarded to any custodial institution.

The bill would also require police officers and district attorneys to inform a victim, upon oral or written request, of the progress, status or results of an investigation or the progress or status of a case so long as such information is not confidential or could potentially compromise the results of an investigation or prosecution as the case may be.

Finally, the bill would require, whether or not a victim notice is filed, that police officers and district attorneys or employees of district attorneys provide victims, to the best of their ability, with information about financial and social service assistance available to crime victims.

Effects of present law which this bill would alter

Existing law requires the district attorney to inform a victim of the final disposition of a case, where the victim so requests

Justification

There is a basic need for crime victims to be kept informed concerning the criminal justice process in which they become so intricately involved Victims are very often asked to help in this process, thereby exposing themselves to· further hardships including: the need to tell their story over and over again; to appear in court to testify; and to help police with identification and many other time consuming, frustrating and even psychologically difficult activities. This involvement and assistance should vest in victims' rights to be

notified and informed, with full explanation, of all decisions made which inherently affect their standing in the criminal justice system.

This can be seen as the victim's "due process" counterpart to that which is so freely available to the accused. In the past, the victim's place and interests in the system were much more central, but the state gradually took over the prosecutorial function from the victim and relegated the crime victim to a mere informational source. The information which the victim, as witness, provides is essential. However, the cooperation and assistance that the victim can provide must not be given greater value then the interests of the victim to be informed, notified and have his/her input considered in matters which so fundamentally affect his/her rights as the person directly harmed by the criminal act.

This proposed legislation provides an administrative mechanism for the victim to be kept informed by the criminal justice system on a timely basis of the decisions determining the criminal case, where the victim so requests. Law abiding citizens who are victims of crime and whose cooperation is required by the criminal justice system should not be uninformed of important decisions and proceedings which may vitally affect their rights or well-being.

Prior legislative history

This bill was previously introduced.

Fiscal implications

None.

Effective date

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