What's happening
This bill grants crime victims the right to access information and participate in proceedings related to the accused's case status.
Why it matters
Strengthens victims’ involvement and transparency. By ensuring victims can access updates on the accused’s case status and court proceedings, the bill allows those affected by crime to be better informed and potentially more involved in the justice process.
Expands definition of ‘victim’. The bill broadens who qualifies as a victim, explicitly including corporations, partnerships, and government agencies, not just individuals—impacting how many parties can claim these new rights.
Guarantees participation in proceedings (with exceptions). Victims can request to participate in proceedings, and courts must allow it unless there’s a clear reason (such as disruption to justice), potentially giving victims a more active presence in court.
Aligns rights in both criminal and family courts. By amending both the Criminal Procedure Law and Family Court Act, the bill ensures victims have similar rights to information and participation across different types of cases, including those involving juveniles or family offenses.
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Who cares
Headline styles
Let Victims Attend Juvenile Hearings
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2919
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
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 Assembly, do enact as follows:
Section 1. Section 1.20 of the criminal procedure law is amended by adding a new subdivision 45 to read as follows:
45. "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.
§ 2. The criminal procedure law is amended by adding a new article 235 to read as follows:
ARTICLE 235
VICTIM'S RIGHT TO DISCLOSURE
OF THE ACCUSED'S CASE STATUS Section 235.10 Victim's right of access. § 235.10 Victim's right of access.
1. A victim of a crime may obtain upon demand from the prosecutor, information concerning the status of the accused's case from the time of arraignment to sentencing.
2. A victim has the right to know what plea the accused has entered.
3. A victim has the right to know what trial date has been assigned for trying the accused.
4. A victim has the right to know if the accused's case has been transferred to a court other than the original one where the accused entered his/her plea.
§ 3. The family court act is amended by adding a new section 340.3 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09024-01-9
S. 2919 2
§ 340.3. Victim's right of access to disclosure of the accused's case status. 1. "Victim" means an individual, a corporation, an unincorporated association, a partnership, or a governmental agency or instrumentality 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, as that term is defined in subdivision one of section 1.20 of the criminal procedure law.
2. Notwithstanding any provision of this chapter to the contrary, the victim shall have the right to request participation in the proceedings, and such request shall be granted by the court unless it can be shown for good cause that such participation would inhibit the judicial proceedings.
3. A victim may obtain upon demand from the agency responsible for the prosecution of the accused, information concerning the status of the accused's case from the time of arraignment to sentencing.
4. A victim has the right to know what plea the accused has been offered.
5. A victim has the right to know what hearing or trial date has been assigned for trying the accused.
6. Notwithstanding the provisions of section 341.1 of this article, the victim has the right to attend the hearing and/or trial.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summary of specific provisions
o 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 subdi- vision 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.
o Section 2. 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 trans- ferred to another court, and the general status of the case The prosecu- tor of the case is responsible for turning this information over to the victim on demand.
o Section 3. 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 juve- nile 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 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 neglects 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.
Prior legislative history
This bill was previously introduced.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.