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

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.