S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
March 17, 2011
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to expanding the
number of a victim's family members who may speak at the sentencing of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "victims'
voices for justice act".
S 2. Subparagraph 2 of paragraph (a) of subdivision 2 of section
380.50 of the criminal procedure law, as separately amended by chapters
173 and 198 of the laws of 1996, is amended to read as follows:
(2) if such victim is unable or unwilling to express himself or
herself before the court or a person so mentally or physically disabled
as to make it impracticable to appear in court in person or the victim
is deceased, [a member] THEN MEMBERS of the family of such victim
INCLUDING THE SPOUSE, PARENTS, GRANDPARENTS, CHILDREN, GRANDCHILDREN,
SIBLINGS, AUNTS AND UNCLES, or the legal guardian or representative of
the legal guardian of the victim where such guardian or representative
has personal knowledge of and a relationship with the victim, unless the
court finds that it would be inappropriate for such person to make a
statement on behalf of the victim. FOR THE PURPOSES OF THIS SUBPARA-
GRAPH, THE TERM "SPOUSE" SHALL ALSO INCLUDE A DOMESTIC PARTNER. THE
TERM "DOMESTIC PARTNER" MEANS A PERSON WHO RESIDED WITH THE VICTIM AND
WHO CAN PROVE EMOTIONAL AND FINANCIAL COMMITMENT, AND INTERDEPENDENCE
BETWEEN SUCH PERSON AND THE VICTIM.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.