Senate Bill S3408

                                 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
              

hopefully lead to the conviction of the perpetrator of the crime. For
the murdered victims, surviving close relatives such as a spouse,
mother, father, or children, can often find some closure at the end of
the trail through use of the opportunity to address their loss to the
court, and make a statement on behalf of the victim who can no longer
speak for him/her(self).  While current law provides this opportunity
by allowing only "a member" of the victim's family to make a
statement, it effectively restricts the judge's discretion. Current
law prohibits the judge from considering the appropriateness of more
than one member addressing the court, even if the victim is survived
by close relatives, such as a spouse and parents.

Certainly, good public policy would deem it appropriate to leave it to
the discretion of the judge to determine if both the spouse and a
parent should speak. The judge should not be forced to choose between
the wife and mother of a victim as it occurred in the recent case of
police officer Anthony Sanchez.

This bill, if enacted, will correct the apparently unintended
restriction, and give the discretion to the court where it
appropriately belongs.

 LEGISLATIVE HISTORY :
2007:  S.389 -  Passed Senate
2005:  S.6276/A.3803 - Passed Senate
2003:  A.5073-A
2001:  A.6193

 FISCAL IMPLICATIONS :
No known fiscal impact.

 EFFECTIVE DATE :
This act shall take effect immediately.