S T A T E O F N E W Y O R K
________________________________________________________________________
2507
2009-2010 Regular Sessions
I N S E N A T E
February 23, 2009
___________
Introduced by Sen. DeFRANCISCO -- 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 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. 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 OR IF SUCH VICTIM IS UNDER THE AGE OF EIGHTEEN, a member of
the family 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 to make a
statement on behalf of the victim.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00542-01-9