Bill Text: NY A04804 | 2013-2014 | 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 (Democrat 11-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A04804 Detail]

Download: New_York-2013-A04804-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4804
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S 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