Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 18, 2010 |
held for consideration in codes |
Jan 06, 2010 |
referred to codes |
Mar 12, 2009 |
referred to codes |
Assembly Bill A6811
2009-2010 Legislative Session
Sponsored By
JORDAN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Louis Tobacco
Brian Kolb
Jane Corwin
Nancy Calhoun
multi-Sponsors
William A. Barclay
Daniel Burling
Marc Butler
Nelson Castro
2009-A6811 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §380.50, CP L
2009-A6811 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6811 2009-2010 Regular Sessions I N A S S E M B L Y March 12, 2009 ___________ Introduced by M. of A. JORDAN, TOBACCO, KOLB, CORWIN, CALHOUN, MOLINARO -- Multi-Sponsored by -- M. of A. BARCLAY, BURLING, BUTLER, CASTRO, CROUCH, DUPREY, ERRIGO, GIGLIO, HAWLEY, HAYES, McDONOUGH, McKEVITT, OAKS, SCOZZAFAVA, TOWNSEND, WALKER, WEISENBERG -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the victim's statement at the sentencing of a criminal defendant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (b), (c), (e) and (f) of subdivision 2 of section 380.50 of the criminal procedure law, as added by chapter 307 of the laws of 1992, are amended to read as follows: (b) If the defendant is being sentenced for a felony the court, if requested at least ten days prior to the sentencing date, shall accord the victim the right to make a statement with regard to any matter rele- vant to the question of sentence AND A REBUTTAL OF ANY STATEMENT MADE BY THE DEFENDANT OR HIS OR HER COUNSEL. The court shall notify the defend- ant no less than seven days prior to sentencing of the victim's intent to make a statement AND A REBUTTAL at sentencing. If the defendant does not receive timely notice pursuant to this subdivision, the defendant may request a reasonable adjournment. (c) [Any] THE FIRST statement by the victim must precede any statement by counsel to the defendant or the defendant made pursuant to subdivi- sion one of this section. The defendant shall have the right to rebut [any] THE FIRST statement made by the victim. HOWEVER, THE VICTIM SHALL HAVE THE RIGHT TO REBUT ANY STATEMENT BY COUNSEL TO THE DEFENDANT OR THE DEFENDANT, AND SUCH REBUTTAL SHALL BE THE FINAL STATEMENT MADE PRIOR TO IMPOSITION OF THE SENTENCE. (e) Where (1) the defendant has been found guilty after trial or there is no agreement between the people and the defendant as to a proposed sentence or the court, after the statement AND REBUTTAL by the victim, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00675-01-9
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