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Assembly Bill A7254

2009-2010 Legislative Session

Expands the definition of victim for purposes of making statements at sentencing to allow more than one relative to speak; allows display of photo of deceased

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Archive: Last Bill Status - In Assembly Committee

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2009-A7254 (ACTIVE) - Details

See Senate Version of this Bill:
S4282
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, add §§260.40 & 320.30, CP L
Versions Introduced in 2011-2012 Legislative Session:
A1713, S4092

2009-A7254 (ACTIVE) - Summary

Expands the definition of "victim" for purposes of making statements at sentencing of defendant to allow more than one family member to speak; provides that members of a victims family includes parents, grandparents, children, grandchildren, siblings, aunts and uncles; permits the showing of a photograph of a deceased victim during certain portions of certain homicide trials.

2009-A7254 (ACTIVE) - Bill Text download pdf 

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

                                  7254

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN, KOON -- Multi-Sponsored by -- M. of A.
  McDONOUGH -- read once and referred 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
  a defendant and permitting the showing of a photograph of  a  deceased
  victim during certain portions of certain homicide trials

  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] 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  2. The criminal procedure law is amended by adding two new sections
260.40 and 320.30 to read as follows:
S 260.40 JURY TRIAL; DISPLAY OF PHOTOGRAPH OF DECEASED VICTIM IN CERTAIN
           HOMICIDE TRIALS.
  IN ANY JURY TRIAL OF A DEFENDANT CHARGED  WITH  MURDER  IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  125.27, MURDER IN THE SECOND DEGREE AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10704-01-9

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