NY State Senate Bill 2009-S4282

Senate Bill S4282

2009-2010 Legislative Session

Expands the definition of victim for purposes of making statements at sentencing to allow more than one relative to speak; allows display of photo of deceased

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 21, 2009	referred to codes

2009-S4282 (ACTIVE) - Details

See Assembly Version of this Bill:: A7254
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §380.50, add §§260.40 & 320.30, CP L
Versions Introduced in 2011-2012 Legislative Session:: S4092, A1713

2009-S4282 (ACTIVE) - Summary

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.

2009-S4282 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4282

 TITLE OF BILL :
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


 PURPOSE :
This bill would permit additional members of a victim's family to
speak at the sentencing phase of a criminal proceeding.

 SUMMARY OF PROVISIONS :
Section 380.50 of the Criminal Procedure Law is amended to permit more
than one member of a victim's family the opportunity to make a
statement at the sentencing phase of a criminal proceeding in the
event the victim is deceased, physically or mentally incapacitated or
otherwise unable to express himself or herself before the court.
Amendment would include spouse among victim's family to speak at
sentencing. Amendment also allows for a picture of the victim to be
shown during opening and closing arguments.

 EXISTING LAW :
Current law permits a member of a victim's family to make a statement

at sentencing if the victim is unable to speak or is deceased, however
courts have interpreted this provision as prohibiting more than one
member of the victim's family from speaking, thus preventing parents,
grandparents and children from addressing the court prior to
sentencing.

 JUSTIFICATION :
Early in 1999 the parents of murdered police officer Anthony Sanchez
were prohibited from making a victim impact statement during the
sentencing phase of the trial of Scott Schneiderman, a debt-ridden
stockbroker who shot and killed Officer Sanchez while fleeing a
robbery. According to the court the law only allows a single victim
impact statement, which in this case was made by the victim's widow,
Elizabeth. This bill would remove this limitation and permit the
family of a victim to testify on how the criminal's act affected their
life and the life of the victim. In the Sanchez murder case, the
popular 11-year veteran police officer and father was repeatedly fired
upon and lay dying alone.  Unfortunately the parents and his brothers
and sisters were unable to tell the judge and the convicted murderer
how his death had shattered their lives. This bill will remedy this
injustice.

 LEGISLATIVE HISTORY :
A.8367 of 2003-2004: Referred to Codes
A.1475 of 2005-06: Referred to Codes
A.3766-A of 2007-08: Referred to Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4282 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Subparagraph 2 of paragraph (a) of subdivision 2 of section
380.50 of the criminal procedure law, as separately amended by  chapters
173 and 198 of the laws of 1996, is amended to read as follows:
  (2)  if  such  victim  is  unable  or  unwilling to express himself or
herself before the court or a person so mentally or physically  disabled
as  to  make it impracticable to appear in court in person or the victim
is deceased, [a member] THEN  MEMBERS  of  the  family  of  such  victim
INCLUDING  THE  SPOUSE,  PARENTS, GRANDPARENTS, CHILDREN, GRANDCHILDREN,
SIBLINGS, AUNTS AND UNCLES, or the legal guardian or  representative  of
the  legal  guardian of the victim where such guardian or representative
has personal knowledge of and a relationship with the victim, unless the
court finds that it would be inappropriate for such  person  to  make  a
statement  on  behalf  of the victim.  FOR THE PURPOSES OF THIS SUBPARA-
GRAPH, THE TERM SPOUSE SHALL ALSO INCLUDE A DOMESTIC PARTNER.  THE  TERM
"DOMESTIC  PARTNER"  MEANS  A PERSON WHO RESIDED WITH THE VICTIM AND WHO
CAN  PROVE  EMOTIONAL  AND  FINANCIAL  COMMITMENT,  AND  INTERDEPENDENCE
BETWEEN SUCH PERSON AND THE VICTIM.
  S  2. The criminal procedure law is amended by adding two new sections
260.40 and 320.30 to read as follows:
S 260.40 JURY TRIAL; DISPLAY OF PHOTOGRAPH OF DECEASED VICTIM IN CERTAIN
           HOMICIDE TRIALS.
  IN ANY JURY TRIAL OF A DEFENDANT CHARGED  WITH  MURDER  IN  THE  FIRST
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

DEFINED IN SECTION 125.25,  AGGRAVATED  MURDER  AS  DEFINED  IN  SECTION
125.26,  MANSLAUGHTER  IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20,
MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION  125.15,  AGGRA-
VATED  MANSLAUGHTER  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 125.22,
AGGRAVATED MANSLAUGHTER IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
125.21, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION
125.13,  VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE  AS DEFINED IN
SECTION 125.12, AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE AS  DEFINED  IN
SECTION  125.11,  OR CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION
125.10 OF THE PENAL LAW, THE PEOPLE MAY SHOW OR DISPLAY A PHOTOGRAPH  OF
THE  DECEASED VICTIM TO THE JURY DURING THE PEOPLE'S OPENING ADDRESS AND
DURING SUMMATION; PROVIDED HOWEVER, THAT THE PHOTOGRAPH IS  A  FAIR  AND
ACCURATE REPRESENTATION OF THE VICTIM, IS NOT INTRINSICALLY INFLAMMATORY
IN NATURE, AND IS NOT IN EXCESS OF EIGHT INCHES BY TEN INCHES IN SIZE.
S 320.30 NON-JURY  TRIAL;  DISPLAY  OF  PHOTOGRAPH OF DECEASED VICTIM IN
           CERTAIN HOMICIDE TRIALS.
  IN ANY NON-JURY TRIAL OF A DEFENDANT CHARGED WITH MURDER IN THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  125.27, MURDER IN THE SECOND DEGREE AS
DEFINED IN SECTION 125.25,  AGGRAVATED  MURDER  AS  DEFINED  IN  SECTION
125.26,  MANSLAUGHTER  IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20,
MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION  125.15,  AGGRA-
VATED  MANSLAUGHTER  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 125.22,
AGGRAVATED MANSLAUGHTER IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
125.21, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION
125.13,  VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE  AS DEFINED IN
SECTION 125.12, AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE AS  DEFINED  IN
SECTION  125.11,  OR CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION
125.10 OF THE PENAL LAW, THE PEOPLE MAY SHOW OR DISPLAY A PHOTOGRAPH  OF
THE DECEASED VICTIM TO THE COURT DURING THE PEOPLE'S OPENING ADDRESS AND
DURING  SUMMATION;  PROVIDED  HOWEVER, THAT THE PHOTOGRAPH IS A FAIR AND
ACCURATE REPRESENTATION OF THE VICTIM, IS NOT INTRINSICALLY INFLAMMATORY
IN NATURE, AND IS NOT IN EXCESS OF EIGHT INCHES BY TEN INCHES IN SIZE.
  S 3. This act shall take effect immediately.

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