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Senate Bill S4702

2009-2010 Legislative Session

Requires judges to consider age, health and disability of victims of crime before pronouncing sentence

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S4702 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง380.50 & 390.30, CP L

2009-S4702 (ACTIVE) - Summary

Provides that before pronouncing sentence, the court shall give due consideration to the age, health and disability of the victim of the crime for which sentence is being imposed.

2009-S4702 (ACTIVE) - Sponsor Memo

2009-S4702 (ACTIVE) - Bill Text download pdf 

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

                                  4702

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- 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 requiring the
  sentencing judge to give due consideration  to  the  age,  health  and
  disability of the victim of the crime before pronouncing sentence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 380.50 of the criminal procedure law is amended  by
adding a new subdivision 7 to read as follows:
  7. BEFORE PRONOUNCING SENTENCE, THE COURT SHALL GIVE DUE CONSIDERATION
TO  THE  AGE, HEALTH AND DISABILITY OF THE VICTIM OF THE CRIME FOR WHICH
THE SENTENCE IS BEING IMPOSED.
  S 2. Paragraph (b) of subdivision 3 of section 390.30 of the  criminal
procedure law, as amended by chapter 618 of the laws of 1992, is amended
to read as follows:
  (b)  [The]  WHENEVER  THE  OFFENSE INVOLVES A VICTIM, THE report shall
also contain a victim impact statement,  unless  it  appears  that  such
information  would  be  of  no  relevance to the recommendation or court
disposition, which shall include INFORMATION RELATING TO THE AGE, HEALTH
AND ANY DISABILITIES OF THE VICTIM AT THE TIME OF THE CRIME, an analysis
of the victim's version of the offense, the extent of injury or economic
loss and the actual out-of-pocket loss to the victim and  the  views  of
the  victim  relating to disposition including the amount of restitution
and reparation sought by the victim after the victim has  been  informed
of  the  right to seek restitution and reparation, subject to the avail-
ability of such information. In the case of  a  homicide  or  where  the
victim  is  unable  to  assist  in  the preparation of the victim impact
statement, the information may be acquired from the victim's family. The
victim impact statement shall be made available to  the  victim  by  the
prosecutor  pursuant  to subdivision two of section 390.50 of this arti-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11031-01-9

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