What's happening
The bill allows courts to permit both the spouse and parent of a deceased victim to make statements at sentencing.
Why it matters
Expands who can speak at sentencing. By allowing both a spouse and parent to make statements (with court approval), the bill acknowledges that multiple close family members may be deeply affected by the loss and deserve a voice in the justice process.
Recognizes diverse family impacts. The change reflects the reality that the emotional and practical consequences of a victim's death ripple out to more than just one family member, potentially leading to more complete victim impact statements.
Court discretion aims to balance fairness. The bill gives judges clear authority to decide whether one or both parties can speak, and requires consultation with defense and prosecution, potentially helping to manage the risk of overly lengthy or prejudicial proceedings.
Signals a shift towards greater victim and family participation. By expanding opportunities for family input, the law may increase satisfaction or sense of justice for survivors, while also potentially affecting sentencing outcomes by providing a fuller picture of the harm caused.
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Who cares
Headline styles
Allow Families to Speak
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Families Speak in Court
In Assembly Committee · Codes · Sponsor Michael Tannousis
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
390
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. PALUMBO, GALLIVAN, O'MARA -- 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] themself 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.
LBD01570-01-5
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 defend- ant
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 state- ment on behalf of the victim who can no longer speak for him or herself. While current law provides this opportunity by allowing only "a member" of the victim's family to make a statement, it effectively 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
2024. S.4698; 2002 S.3375A/A.6193; 2006 S.6276/A.3803; 2008 S.389/A.3973; 2010 S.3408/a.3525; 2012 S.751; 20014 S.3082; 5.2016 S.2993; S.2018 5.537; 2020 S.4774
Fiscal implications
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.