Assembly Bill A6811

                            
                    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
              

A. 6811                             2

chooses  not  to  impose the proposed sentence agreed to by the parties;
(2) the statement AND REBUTTAL by the victim includes allegations  about
the  crime  that  were not fully explored during the proceedings or that
materially  vary  from  or contradict the evidence at trial; and (3) the
court determines that the allegations  are  relevant  to  the  issue  of
sentencing,  then  the  court  shall  afford the defendant the following
rights:
  (A) a reasonable adjournment of the sentencing to allow the  defendant
to present information to rebut the allegations by the victim; and
  (B) allow the defendant to present written questions to the court that
the  defendant desires the court to put to the victim. The court may, in
its discretion, decline to put any  or  all  of  the  questions  to  the
victim.  Where  the court declines to put any or all of the questions to
the victim it shall state its reasons therefor on the record.
  (f) If the victim does not appear to make a statement AND REBUTTAL  at
the  time  of  sentencing, the right to make a statement AND REBUTTAL is
waived. The failure of the victim to make a statement AND REBUTTAL shall
not be cause for delaying the  proceedings  against  the  defendant  nor
shall it affect the validity of a conviction, judgment or order.
  S 2. This act shall take effect immediately.