Bill Text: NY S04774 | 2019-2020 | General Assembly | Introduced

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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) 2020-01-08 - REFERRED TO CODES [S04774 Detail]

Download: New_York-2019-S04774-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4774
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 25, 2019
                                       ___________
        Introduced by Sens. JORDAN, 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