senate Bill S751

2011-2012 Legislative Session

Permits at the discretion of the court certain members of the victim's family to read statements in court during the sentencing of a defendant

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

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S751 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง380.50, CP L
Versions Introduced in 2009-2010 Legislative Session:
S3408

S751 - Summary

Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.

S751 - Sponsor Memo

S751 - Bill Text download pdf

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

                                   751

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG,  BONACIC,  DeFRANCISCO,  JOHNSON, MAZIARZ,
  RANZENHOFER -- 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 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

  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, a member of the family of such victim,  EXCEPT  THAT  WHERE
SUCH  VICTIM  IS  DECEASED AND SURVIVED BY BOTH A SPOUSE AND A PARENT OR
PARENTS, THE COURT IN ITS SOLE DISCRETION MAY ALLOW A SPOUSE  OR  PARENT
OR,  UPON  CONSULTATION  WITH  COUNSEL FOR THE DEFENDANT AND THE PEOPLE,
ALLOW BOTH TO MAKE A STATEMENT ON BEHALF 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 OR PERSONS to make a statement  on  behalf
of the victim.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02707-01-1

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