Bill Text: NY S04282 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S04282 Detail]

Download: New_York-2009-S04282-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4282
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    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    S  2. The criminal procedure law is amended by adding two new sections
   19  260.40 and 320.30 to read as follows:
   20  S 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  S 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    S 3. This act shall take effect immediately.