Printer Friendly

Cc39A

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:
MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 39 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 39 be amended as follows:
39rk


    On page 5, after line 7 of the House engrossed bill, insert:

"    Section 4. That § 23A-27-1.1 be amended to read as follows:

    23A-27-1.1. Upon If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may has the right to orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

    If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

    The defendant shall be permitted to respond to such statements orally or by presentation of evidence and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.

    For the purpose of this section, the term, victim, means the actual victim or the parent, spouse, next of kin, legal or physical custodian, guardian, foster parent, case worker, victim advocate, or mental health counselor of any actual victim who is incompetent by reason of age or physical condition, who is deceased, or whom the court finds otherwise unable to comment.

    Section 5. That § 23A-27-1.3 be amended to read as follows:

    23A-27-1.3. Upon If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, a victim, in the discretion of the court, may has a right to address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

    If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

    The defendant shall be permitted to respond to such statements and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.

    For the purpose of this section, the term, victim, means anyone adversely impacted emotionally, physically, or monetarily by the defendant's crime. ".

Respectfully submitted,             Respectfully submitted,

____________________________        ____________________________
Mike Stevens                    Craig Tieszen
House Committee Chair            Senate Committee Chair

Click message to listen