Bill > S407

Introduced Session

This bill expands the rights of crime victims to include the right to allow certain non-victims to make an in-person statement at sentencing. The bill also allows victims and witnesses to provide testimony at certain post adjudication hearings. Current law confers upon victims of crimes the right to make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This bill expands this right to give the court discretion to permit a non-victim to make a statement at sentencing if the court finds the non-victim has been in a close personal relationship with the victim or in the case of homicide, the survivor of the victim. It is the sponsor's understanding that most courts in this State currently allow non-victims to present victim impact statements. For example, in the death of a child, some courts will permit statements from the victim's school teacher, friend, athletic coach, or other person who may have had a close relationship with the victim. However, other courts have denied statements from these persons claiming they do not fall within the definition of a victim. Under the bill, this practice will be consistent throughout the courts and reinforce the intent behind allowing victim impact statements. The bill also permits victims and witnesses of certain sex offenses to be present at post adjudication hearings. While current law provides that victims have the right to be present at any judicial proceeding involving a crime, it is the sponsor's understanding that victims and witnesses are excluded from hearings to determine whether a sex offender is eligible to be relieved of registration requirements after serving 15 years; hearings to determine a sex offender's risk of reoffense upon release; and what are commonly referred to as Krol hearings, during which it is determined whether a person who has been acquitted by reason of insanity should be civilly committed. The bill clarifies that a court may exclude a victim from these civil proceedings if the court determines that the victim's presence would create an unreasonable invasion of the offender's right to privacy.

AI Summary

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Gordon Johnson (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/11/2022)

Official Document