S T A T E O F N E W Y O R K
________________________________________________________________________
4673
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
___________
Introduced by M. of A. COLTON, HOOPER, ORTIZ, ABBATE -- Multi-Sponsored
by -- M. of A. DINOWITZ, GALEF, ROBINSON, SCHIMMINGER -- 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.
LBD06441-01-5