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Assembly Bill A3525A

2009-2010 Legislative Session

Permits at the discretion of the court certain members of the victim's family to read statements in court during the sentencing of a defendant

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A3525 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4019
2013-2014: A4804
2015-2016: A6479
2017-2018: A4198

2009-A3525 - Summary

Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.

2009-A3525 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3525

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON,
  ESPAILLAT, GALEF, GANTT,  HIKIND,  HOOPER,  JAFFEE,  KOON,  MAYERSOHN,
  MENG, PHEFFER, J. RIVERA, ROBINSON, SCHIMMINGER, SWEENEY, TOWNS, WEIS-
  ENBERG -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to permitting at
  the  discretion of the court certain family members of a victim who is
  deceased to read statements  in  court  during  the  sentencing  of  a
  defendant

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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 of the family of such victim,  EXCEPT  THAT  WHERE
SUCH  VICTIM  IS  DECEASED AND SURVIVED BY BOTH A SPOUSE AND A PARENT OR
PARENTS, THE COURT IN ITS SOLE DISCRETION MAY ALLOW A SPOUSE  OR  PARENT
OR,  UPON  CONSULTATION  WITH  COUNSEL FOR THE DEFENDANT AND THE PEOPLE,
ALLOW BOTH TO MAKE A STATEMENT ON BEHALF OF SUCH VICTIM,  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 OR PERSONS to make a statement  on  behalf
of the victim.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01887-01-9

2009-A3525A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4019
2013-2014: A4804
2015-2016: A6479
2017-2018: A4198

2009-A3525A (ACTIVE) - Summary

Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.

2009-A3525A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3525--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON,
  ESPAILLAT, GALEF, GANTT,  HIKIND,  HOOPER,  JAFFEE,  KOON,  MAYERSOHN,
  MENG, PHEFFER, J. RIVERA, ROBINSON, SCHIMMINGER, SWEENEY, TOWNS, WEIS-
  ENBERG  -- read once and referred to the Committee on Codes -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN ACT to amend the criminal procedure law, in relation to permitting at
  the  discretion of the court certain family members of a victim who is
  deceased to read statements  in  court  during  the  sentencing  of  a
  defendant

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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 of the family of such victim,  EXCEPT  THAT  WHERE
SUCH  VICTIM  IS  DECEASED AND SURVIVED BY BOTH A SPOUSE AND A PARENT OR
PARENTS, THE COURT IN ITS SOLE DISCRETION MAY ALLOW A SPOUSE  OR  PARENT
OR,  UPON  CONSULTATION  WITH  COUNSEL FOR THE DEFENDANT AND THE PEOPLE,
ALLOW BOTH TO MAKE A STATEMENT ON BEHALF OF SUCH VICTIM,  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 OR PERSONS to make a statement  on  behalf
of  the  victim.    UPON  OBJECTION  FROM  THE DEFENDANT THE COURT SHALL
CONDUCT A HEARING TO DETERMINE THE APPROPRIATENESS OF  ANY  SUCH  STATE-
MENTS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01887-02-9

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