senate Bill S4092

2011-2012 Legislative Session

Expands the definition of victim for purposes of making statements at sentencing to allow more than one relative to speak

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to codes
delivered to assembly
passed senate
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
passed senate
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

Votes

view votes

Jan 31, 2012 - Codes committee Vote

S4092
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

May 10, 2011 - Codes committee Vote

S4092
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S4092 - Details

See Assembly Version of this Bill:
A1713
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง380.50, CP L
Versions Introduced in 2009-2010 Legislative Session:
S4282, A7254

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

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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