Provides that, where the victim is unable or unwilling to appear, such victim may be represented by family members or a guardian at the time of sentencing.
STATE OF NEW YORK
________________________________________________________________________
1192
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. COLTON, HOOPER, ORTIZ, ABBATE -- Multi-Sponsored
by -- M. of A. DINOWITZ, GALEF, ROBINSON, SCHIMMINGER, WEISENBERG --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the presence
at time of sentencing of victim representation
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] the members of the family of such victim includ-
8 ing the spouse, domestic partner, parents, grandparents, children,
9 grandchildren, siblings, aunts and uncles, or the legal guardian or
10 representative of the legal guardian of the victim where such members of
11 the family, guardian or representative has personal knowledge of and a
12 relationship with the victim, unless the court finds that it would be
13 inappropriate for such person to make a statement on behalf of the
14 victim.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04146-01-3
