Bill Text: NY S00898 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2019-03-19 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00898 Detail]

Download: New_York-2019-S00898-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           898
                               2019-2020 Regular Sessions
                    IN SENATE
                                     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:
     1    Section 1. Subparagraph 2 of paragraph (a) of subdivision 2 of section
     2  380.50 of the criminal procedure law, as separately amended by  chapters
     3  173 and 198 of the laws of 1996, is amended to read as follows:
     4    (2)  if  such  victim  is  unable  or  unwilling to express himself or
     5  herself before the court or a person so mentally or physically  disabled
     6  as  to  make it impracticable to appear in court in person or the victim
     7  is deceased, a member of the family of such victim,  except  that  where
     8  such  victim  is  deceased and survived by both a spouse and a parent or
     9  parents, the court in its sole discretion may allow a spouse  or  parent
    10  or,  upon  consultation  with  counsel for the defendant and the people,
    11  allow both to make a statement on behalf of such victim,  or  the  legal
    12  guardian  or  representative  of  the legal guardian of the victim where
    13  such  guardian  or  representative  has  personal  knowledge  of  and  a
    14  relationship  with  the  victim, unless the court finds that it would be
    15  inappropriate for such person or persons to make a statement  on  behalf
    16  of the victim.
    17    § 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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