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History
- Referred to codes
- Referred to codes
Companion bill
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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
In Assembly Committee · Codes · Sponsor Susan John
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.