|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Mar 18, 2009||referred to codes|
senate Bill S3408
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3408 (ACTIVE) - Details
S3408 (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.
S3408 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3408 TITLE OF BILL : 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 PURPOSE : To correct (unintended) flaw in the statute that effectively prohibits any discretion of the judge to allow for more than one of the victims' family members to address the court. SUMMARY OF PROVISIONS : This bill amends 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, to allow a presiding judge the discretion to allow statements on behalf of a victim by an immediate family member or up to two members, on consultation with counsels for the defense and the people. JUSTIFICATION : When violent criminal acts kill or maim any person, friends and family are often victims due to the pain and trauma they must endure. In our civilized society, families of victims must exercise restraint and bear the pain of their loss while the wheels of justice turn and
S3408 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3408 2009-2010 Regular Sessions I N S E N A T E March 18, 2009 ___________ Introduced by Sens. YOUNG, ALESI, DeFRANCISCO, LARKIN, MORAHAN, PADAVAN -- 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 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
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