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Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
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 requiring the sentencing judge to give due consideration to the age, health and disability of the victim of the crime before pronouncing sentence
Purpose or general idea of bill
This bill would require that a judge consider the age, health and disability of the crime victim before he pronounces sentence on a convicted criminal.
Summary of specific provisions
Presently, there is no legal requirement that a sentencing judge must consider the age, health and disability of the crime victim before he pronounces sentence on a convicted criminal.
This bill would amend the Criminal Procedure Law, to provide that before pronouncing sentence, the court shall give due consideration to the age, health and disability of the victim of the crime for which the sentence is being imposed.
This bill would further amend the criminal procedure law, to provide that whenever a criminal offense involves a victim, the investigation and report performed, must include information relating to the age, health and any disabilities of the victim at the time of the crime.
Justification
The seriousness of a crime may well depend upon the condition of the victim at the time the crime was committed. There is a feeling that a crime committed upon an elderly individual, a handicapped person or a small child should be treated more severely than a crime committed against an otherwise healthy adult.
The condition of the victim is therefore a valid consideration in determining the appropriate sentence for a convicted defendant. It is the elderly, young and handicapped who are most susceptible to certain crimes, and criminals who prey on these individuals should have such facts brought before the sentencing judge.
This bill would promote fundamental fairness in sentencing and would act as a deterrent to those who might otherwise be disposed to prey on helpless or weaker victims.
Prior legislative history
2008 - S.1942 Referred to the Codes Committee
Fiscal implications
None noted.
Effective date
This act would take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.