Assembly Bill A5195

2023-2024 Legislative Session

Permits at the discretion of the court certain members of the victim's family to read statements in court during the sentencing of a defendant

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A5195 (ACTIVE) - Details

See Senate Version of this Bill:
S4698
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3408
2011-2012: S751
2013-2014: S3082
2015-2016: S2993
2017-2018: S537
2019-2020: S898, S4774
2021-2022: A7043, S2278

2023-A5195 (ACTIVE) - Summary

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.

2023-A5195 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5195
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  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:
 
   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 of the family of such victim, EXCEPT THAT WHERE
 SUCH VICTIM IS DECEASED AND SURVIVED BY BOTH A SPOUSE AND  A  PARENT  OR
 PARENTS,  THE  COURT IN ITS SOLE DISCRETION MAY ALLOW A SPOUSE OR PARENT
 OR, UPON CONSULTATION WITH COUNSEL FOR THE  DEFENDANT  AND  THE  PEOPLE,
 ALLOW  BOTH  TO  MAKE A STATEMENT ON BEHALF 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 OR PERSONS to make a statement on behalf
 of the victim.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05207-01-3

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