Bill Text: NY S02507 | 2009-2010 | General Assembly | Introduced


Bill Title: Establishes if a victim is less than eighteen years of age a member of the family of such victim or the legal guardian of such victim shall be allowed to make a statement at the time of sentence of a criminal defendant.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S02507 Detail]

Download: New_York-2009-S02507-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2507
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 23, 2009
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- 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 the  victim's
         statement at the sentencing of a criminal 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 OR IF SUCH VICTIM IS UNDER THE AGE OF EIGHTEEN, a member  of
    8  the  family  of  such victim, or the legal guardian or representative of
    9  the legal guardian of the victim where such guardian  or  representative
   10  has personal knowledge of and a relationship with the victim, unless the
   11  court  finds  that  it  would be inappropriate for such person to make a
   12  statement on behalf of the victim.
   13    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   14  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00542-01-9
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