Bill > S00390

This bill amends the criminal procedure law to expand the circumstances under which family members of a deceased victim can make statements during a defendant's sentencing. Currently, only a single family member can typically speak on behalf of a deceased victim. The proposed changes would allow the court to use its discretion to permit multiple family members (specifically a spouse or parent) to provide statements, provided they do so after consulting with the defendant's counsel and the prosecution. This modification aims to give more flexibility to courts in allowing victim impact statements, recognizing that in cases involving a deceased victim, multiple family members might want to share their perspectives during sentencing. The bill uses gender-neutral language (changing "himself or herself" to "themself") and explicitly outlines that when a victim is survived by both a spouse and parent(s), the court can allow one or both to speak. The provision still maintains that the court has the final say in determining whether such statements are appropriate, ensuring that the sentencing process remains fair and focused on the case at hand.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S390