Assembly Bill A3229

2011-2012 Legislative Session

Requires that the victim be represented in court at sentencing where the victim does not appear

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A3229 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง380.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2886
2013-2014: A1192
2015-2016: A4673

2011-A3229 (ACTIVE) - Summary

Provides that, where the victim is unable or unwilling to appear, such victim may be represented by family members or a guardian at the time of sentencing.

2011-A3229 (ACTIVE) - Bill Text download pdf 

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

                                  3229

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. COLTON, HOOPER, ORTIZ, ABBATE -- Multi-Sponsored
  by -- M. of A.   DINOWITZ, GALEF,  P. RIVERA,  ROBINSON,  SCHIMMINGER,
  WEISENBERG -- read once and referred to the Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to the presence
  at time of sentencing of victim representation

  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] THE MEMBERS of the family of such victim INCLUD-
ING  THE  SPOUSE,  DOMESTIC  PARTNER,  PARENTS,  GRANDPARENTS, CHILDREN,
GRANDCHILDREN, SIBLINGS, AUNTS AND UNCLES,  or  the  legal  guardian  or
representative of the legal guardian of the victim where such MEMBERS OF
THE  FAMILY,  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.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07365-01-1

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