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SB 0119 - Criminal Procedure; victim/members of immediate family with rights; provide for certain procedures

Tracking Level: Monitor
Sponsor: Hamrick,William 30th
Last Action: 1/14/2008 - Senate Recommitted
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
07. Juvenile CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

Amend Titles 17 and 24.  Relating to criminal procedure and evidences.  This bill adds a new Code section to the �Crime Victim�s Bill of Rights�.  This bill would provide that a member of the immediate family of a victim may not be excluded form any portion of any hearing, trial, or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify unless the party subpoenaing such person establishes that such family member is a material and necessary witness and the court finds that there is a substantial probability that such person�s presence would impart the conduct of a fair trial.  This would apply to delinquency proceedings in juvenile court.  This Code section does not impair the authority of a judge to remove a person from a trial.

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