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