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.
STATE OF NEW YORK
________________________________________________________________________
4804
2013-2014 Regular Sessions
IN ASSEMBLY
February 11, 2013
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON,
GALEF, GANTT, HIKIND, HOOPER, JAFFEE, ROBINSON, SCHIMMINGER, SWEENEY,
WEISENBERG -- read once and referred 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. Upon objection from the defendant the court shall
17 conduct a hearing to determine the appropriateness of any such state-
18 ments.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00061-01-3
