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

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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-S4092 (ACTIVE) - Details

See Assembly Version of this Bill:
A1713
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in 2009-2010 Legislative Session:
S4282, A7254

2011-S4092 (ACTIVE) - 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.

2011-S4092 (ACTIVE) - Sponsor Memo

2011-S4092 (ACTIVE) - 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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