What's happening
The bill allows courts to permit both a spouse and a parent of a deceased victim to make sentencing statements in court.
Why it matters
Gives more families a voice at sentencing. By potentially allowing both a spouse and a parent to speak in court, the bill recognizes that multiple close relationships can be deeply affected by a victim’s death, not just one designated representative.
Court gains flexibility in emotional cases. Judges have discretion to permit both a spouse and a parent to make statements, balancing the need for victim representation with concerns about fairness and court time, and requiring consultation with both prosecution and defense.
Acknowledges diverse family structures. The change reflects that families are not one-size-fits-all; both a spouse and a parent may have unique perspectives and losses to share, potentially influencing sentencing and promoting a more complete picture of harm caused.
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Who cares
Headline styles
Let Families Speak in Court
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4774
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
Introduced by Sens. JORDAN, FUNKE, O'MARA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed 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 Assembly, 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.
LBD03636-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
To correct an unintended flaw in the statute that effectively prohibits any discretion of the judge to allow for more than one of the victims' family members to address the court.
Summary of provisions
This bill amends 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, to allow a presiding judge the discretion to allow statements on behalf of a victim by an immediate family member or up to two members, on consultation with counsels for the defense and the people.
Justification
When violent criminal acts kill or maim any person, friends and family are often victims due to the pain and trauma they must endure. In our civilized society, families of victims must exercise restraint and bear the pain of their loss while the wheels of justice turn and hopefully lead to the conviction of the perpetrator of the crime. For the murdered victims, surviving close relatives such as a spouse, mother, father, or children, can often find some closure at the end of the trial through use of the opportunity to address their loss to the court, and make a statement on behalf of the victim who can no longer speak for him/her(self). While current law provides this opportunity by allowing only "a member" of the victim's family to make a statement, it effec- tively restricts the judge's discretion. Current law prohibits the judge from considering the appropriateness of more than one member addressing the court, even if the victim is survived by close relatives, such as a spouse and parents.
Certainly, good public policy would deem it appropriate to leave it to the discretion of the judge to determine if both the spouse and a parent should speak. The judge should not be forced to choose between the wife and mother of a victim as it occurred in the recent case of police offi- cer Anthony Sanchez.
This bill, if enacted, will correct the apparently unintended restriction, and give the discretion to the court where it appropriately belongs.
Legislative history
2019: 5.898 Referred to Codes 2018: S.537 Referred to Codes 2017: 5.537 Passed Senate 2015,2016: 5.2993 Passed Senate 2013,2014: 5.3082 Referred to Codes 2011,2012: 5.751 Referred to Codes 2009,2010: S.3408/A.3525 Referred to Codes 2007,2008: 5.389 /A.3973 Passed Senate 2006: S.6276/A.3803 Passed Senate 2005: S.6276/A.3803 Referred to Codes 2003,2004:A.5073A Referred to Codes 2001: A.6193/5.3375A Passed Senate 2002: A.6193/S.3375A Referred to Codes
Fiscal implications
No known fiscal impact.
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.