Senate Bill S898

2019-2020 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

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Archive: Last Bill Status - Stricken


  • 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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2019-S898 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3408
2011-2012: S751
2013-2014: S3082
2015-2016: S2993
2017-2018: S537
2021-2022: S2278
2023-2024: S4698

2019-S898 (ACTIVE) - 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.

2019-S898 (ACTIVE) - Sponsor Memo

2019-S898 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    898
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. YOUNG, FUNKE, O'MARA, 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03636-01-9



              

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