|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 13, 2012||referred to codes|
delivered to assembly
|Feb 07, 2012||advanced to third reading|
|Feb 06, 2012||2nd report cal.|
|Jan 31, 2012||1st report cal.160|
|Jan 04, 2012||referred to codes|
returned to senate
died in assembly
|Jun 01, 2011||referred to codes|
delivered to assembly
|May 16, 2011||advanced to third reading|
|May 11, 2011||2nd report cal.|
|May 10, 2011||1st report cal.561|
|Mar 17, 2011||referred to codes|
senate Bill S4092
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4092 - Details
S4092 - 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.
S4092 - Sponsor Memo
BILL NUMBER:S4092 TITLE OF BILL: 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 PURPOSE: This bill would permit additional members of a victim's family to speak at the sentencing phase of a criminal proceeding. SUMMARY OF PROVISIONS: Section 1: Provides that this act shall be known as the "Victims' Voices for Justice Act". Section 2: Amends Section 380.50 of the Criminal Procedure Law to permit more than one member of a victim's family the opportunity to make a statement at the sentencing phase of a criminal proceeding in the event the victim is deceased, physically or mentally incapacitated, or otherwise unable to express himself or herself before the court. "Domestic partner" shall be included in the definition of "spouse," and are therefore permitted to speak on behalf of the victim. Section 3: Sets forth an immediate effective date.
S4092 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4092 2011-2012 Regular Sessions I N S E N A T E March 17, 2011 ___________ Introduced by Sen. SALAND -- 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 expanding the number of a victim's family members who may speak at the sentencing of a defendant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "victims' voices for justice act". S 2. 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 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04113-01-1
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