Expands the definition of victim for purposes of making statements at sentencing to allow more than one relative to speak

1 Co-sponsor

• Patrick M. Gallivan

BILL NUMBER:S4092

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

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 1: Provides that this act shall be known as the "Victims' Voices for Justice Act".

Section 2: Amends Section 380.50 of the Criminal Procedure Law 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. "Domestic partner" shall be included in the definition of "spouse," and are therefore permitted to speak on behalf of the victim.

Section 3: Sets forth an immediate effective date.

Justification

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.

The need for this legislation is highlighted by the following case. 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 removes this limitation and permits 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 not permitted to tell the judge and the convicted murderer how his death had shattered their lives. This bill will remedy this injustice.

Legislative history

2009-2010: S.4282 (Valesky)- Referred to Codes 2007-2008: S.2369 (Volker) - Passed Senate 2005-2006: S.1524A (Volker) - Passed Senate 2003-2004: S.243 (Volker) - Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect immediately.