Expands the definition of "victim" for purposes of making statements at sentencing of defendant to allow more than one family member to speak; provides that members of a victims family includes parents, grandparents, children, grandchildren, siblings, aunts and uncles; permits the showing of a photograph of a deceased victim during certain portions of certain homicide trials.
STATE OF NEW YORK
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4282
2009-2010 Regular Sessions
IN SENATE
April 21, 2009
___________
Introduced by Sen. VALESKY -- 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 expanding the
number of a victim's family members who may speak at the sentencing of
a defendant and permitting the showing of a photograph of a deceased
victim during certain portions of certain homicide trials
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] then members of the family of such victim
8 including the spouse, parents, grandparents, children, grandchildren,
9 siblings, aunts and uncles, or the legal guardian or representative of
10 the legal guardian of the victim where such guardian or representative
11 has personal knowledge of and a relationship with the victim, unless the
12 court finds that it would be inappropriate for such person to make a
13 statement on behalf of the victim. For the purposes of this subpara-
14 graph, the term spouse shall also include a domestic partner. The term
15 "domestic partner" means a person who resided with the victim and who
16 can prove emotional and financial commitment, and interdependence
17 between such person and the victim.
18 § 2. The criminal procedure law is amended by adding two new sections
19 260.40 and 320.30 to read as follows:
20 § 260.40 Jury trial; display of photograph of deceased victim in certain
21 homicide trials.
22 In any jury trial of a defendant charged with murder in the first
23 degree as defined in section 125.27, murder in the second degree as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10704-01-9
S. 4282 2
1 defined in section 125.25, aggravated murder as defined in section
2 125.26, manslaughter in the first degree as defined in section 125.20,
3 manslaughter in the second degree as defined in section 125.15, aggra-
4 vated manslaughter in the first degree as defined in section 125.22,
5 aggravated manslaughter in the second degree as defined in section
6 125.21, vehicular manslaughter in the first degree as defined in section
7 125.13, vehicular manslaughter in the second degree as defined in
8 section 125.12, aggravated criminally negligent homicide as defined in
9 section 125.11, or criminally negligent homicide as defined in section
10 125.10 of the penal law, the people may show or display a photograph of
11 the deceased victim to the jury during the people's opening address and
12 during summation; provided however, that the photograph is a fair and
13 accurate representation of the victim, is not intrinsically inflammatory
14 in nature, and is not in excess of eight inches by ten inches in size.
15 § 320.30 Non-jury trial; display of photograph of deceased victim in
16 certain homicide trials.
17 In any non-jury trial of a defendant charged with murder in the first
18 degree as defined in section 125.27, murder in the second degree as
19 defined in section 125.25, aggravated murder as defined in section
20 125.26, manslaughter in the first degree as defined in section 125.20,
21 manslaughter in the second degree as defined in section 125.15, aggra-
22 vated manslaughter in the first degree as defined in section 125.22,
23 aggravated manslaughter in the second degree as defined in section
24 125.21, vehicular manslaughter in the first degree as defined in section
25 125.13, vehicular manslaughter in the second degree as defined in
26 section 125.12, aggravated criminally negligent homicide as defined in
27 section 125.11, or criminally negligent homicide as defined in section
28 125.10 of the penal law, the people may show or display a photograph of
29 the deceased victim to the court during the people's opening address and
30 during summation; provided however, that the photograph is a fair and
31 accurate representation of the victim, is not intrinsically inflammatory
32 in nature, and is not in excess of eight inches by ten inches in size.
33 § 3. This act shall take effect immediately.
