Expands the definition of "victim" for purposes of making statements at sentencing of defendant to allow more than one family member to speak; provides that members of a victims family includes parents, grandparents, children, grandchildren, siblings, aunts and uncles.

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S4092-2011 Actions

• Feb 13, 2012: referred to codes
• Feb 13, 2012: DELIVERED TO ASSEMBLY
• Feb 13, 2012: PASSED SENATE
• Feb 7, 2012: ADVANCED TO THIRD READING
• Feb 6, 2012: 2ND REPORT CAL.
• Jan 31, 2012: 1ST REPORT CAL.160
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 1, 2011: referred to codes
• Jun 1, 2011: DELIVERED TO ASSEMBLY
• Jun 1, 2011: PASSED SENATE
• May 16, 2011: ADVANCED TO THIRD READING
• May 11, 2011: 2ND REPORT CAL.
• May 10, 2011: 1ST REPORT CAL.561
• Mar 17, 2011: REFERRED TO CODES

S4092-2011 Meetings

Codes: Jan 31, 2012, Codes: May 10, 2011

S4092-2011 Calendars

Active List: Feb 13, 2012 , Active List: Jun 1, 2011 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011

S4092-2011 Votes

S4092-2011 Memo

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.

S4092-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4092

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 17, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- 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 expanding the
    number of a victim's family members who may speak at the sentencing of
    a defendant

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  This act shall be known and may be cited as the "victims'
  voices for justice act".
    S 2. 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]  THEN  MEMBERS  of  the family of such victim
  INCLUDING THE SPOUSE, PARENTS,  GRANDPARENTS,  CHILDREN,  GRANDCHILDREN,
  SIBLINGS,  AUNTS  AND UNCLES, 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 to make a
  statement on behalf of the victim.  FOR THE PURPOSES  OF  THIS  SUBPARA-
  GRAPH,  THE  TERM  "SPOUSE"  SHALL ALSO INCLUDE A DOMESTIC PARTNER.  THE
  TERM "DOMESTIC PARTNER" MEANS A PERSON WHO RESIDED WITH THE  VICTIM  AND
  WHO  CAN  PROVE  EMOTIONAL AND FINANCIAL COMMITMENT, AND INTERDEPENDENCE
  BETWEEN SUCH PERSON AND THE VICTIM.
    S 3. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04113-01-1