New York 2025-2026 Regular Session

New York Senate Bill S00390

Introduced
1/8/25  
Refer
1/8/25  

Caption

Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.

Summary

Bill S00390 amends the criminal procedure law in New York to allow certain family members of a deceased victim to read statements in court during the sentencing of a defendant. Previously, only one family member was permitted to do so, but this bill expands that to allow multiple family members, specifically a spouse and a parent, to read statements at the court's discretion. The bill aims to give a voice to the family of the victim, acknowledging their grief and the impact of the crime on their lives.

Impact

The passage of this bill will modify existing laws related to victim impact statements in criminal proceedings. It allows for a more inclusive representation of the victim's family during sentencing, potentially leading to a more comprehensive understanding of the crime's impact on the victim's loved ones. This change may also influence how courts perceive the emotional weight of the victim's family statements, potentially affecting sentencing outcomes.

Sentiment

The general sentiment around Bill S00390 appears to be supportive, as it seeks to enhance the rights of victims' families in the judicial process. Discussions indicate a recognition of the importance of allowing multiple family members to express their feelings and perspectives during sentencing, although there may be concerns regarding the potential for emotional distress in the courtroom.

Contention

Notable points of contention include the discretion granted to the court in determining which family members may speak, particularly in cases where both a spouse and parent survive the victim. Some may argue that this discretion could lead to inconsistencies in how family statements are handled, while others may support it as a necessary measure to ensure that the most relevant voices are heard during sentencing.

Companion Bills

NY A06684

Same As Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.

Previously Filed As

NY A06684

Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.

NY S00611

Provides for victim statements, or statements from anyone designated by a victim to speak, at the sentencing of a defendant for certain misdemeanors.

NY S0145

Requires the courts to consider the parental status of the defendant at the time of sentencing and allows the defendant to present a family impact statement, including testimony, videos and documents relative to their parental status.

NY S2162

Requires the courts to consider the parental status of the defendant at the time of sentencing and allows the defendant to present a family impact statement, including testimony, videos and documents relative to their parental status.

NY S05586

Provides for family members of a crime victim and interested parties to make statements to members of the parole board; provides that such oral statement shall be made to the members of the state board of parole who will determine whether the defendant is released.

NY A02138

Provides for victim statements, or statements from anyone designated by a victim to speak, at the sentencing of a defendant for certain misdemeanors.

NY SB26112

Concerning defendants who fail to appear in court, and, in connection therewith, permitting certain conditions on pretrial release for defendants who have previously failed to appear.

NY A3520

Establishes new mitigating factor, reduced sentencing, and resentencing for certain defendants who are victims of abuse.

NY S2878

Establishes new mitigating factor, reduced sentencing, and resentencing for certain defendants who are victims of abuse.

NY S06656

Provides for electronic court appearance in a criminal action, anywhere in the state, at the discretion of the court having jurisdiction of the defendant; provides that the defendant must, after consultation with counsel, consent on the record; provides that the chief administrator of the courts must first approve the use of such electronic appearance.

Similar Bills

No similar bills found.