NY State Senate Bill 2009-S2507

Senate Bill S2507

2009-2010 Legislative Session

Establishes if a victim is less than 18 years of age certain persons shall be allowed to make a statement at the time of sentence of a criminal defendant

download bill text pdf

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
Feb 23, 2009	referred to codes

2009-S2507 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §380.50, CP L

2009-S2507 (ACTIVE) - Summary

Establishes if a victim is less than eighteen years of age a member of the family of such victim or the legal guardian of such victim shall be allowed to make a statement at the time of sentence of a criminal defendant.

2009-S2507 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2507

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to the
victim's statement at the sentencing of a criminal defendant

 PURPOSE :

To ensure that the parents or other family members of a crime victim
who is under the age of eighteen are able to address the court at the
time of a defendant's sentencing.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends the Criminal Procedure law to ensure that
the parents or other family members of a crime victim who is under the
age of eighteen are able to address the court at the time of the
defendant's sentencing.

Section 2 of the bill establishes the effective date of the act.

 JUSTIFICATION :

Currently, the Criminal Procedure Law does not specifically permit the
parents or other family members of a minor crime victim to address the

court during the defendant's sentencing.  Recently, the parents of a
Syracuse-area minor who had been the victim of a sexual offense sought
to address the court during the defendant's sentencing. The defense
counsel objected to the minor's parents speaking, but the judge
permitted them to address the court.  However, anyone who reads the
Criminal Procedure Law would have to conclude that this section is not
clear, and other judges, in similar situations, could conclude that it
is proper to exclude the parents of a minor from addressing the court
during sentencing.

 LEGISLATIVE HISTORY :

S.7456 of 2005-2006
S.2878/A.7506 of 2007-2008

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2009-S2507 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2507

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 the  victim's
  statement at the sentencing of a criminal defendant

  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 OR IF SUCH VICTIM IS UNDER THE AGE OF EIGHTEEN, a member  of
the  family  of  such victim, 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.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00542-01-9

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