Substitute House Bill No. 5735
Substitute House Bill No. 5735
PUBLIC ACT NO. 98-53
AN ACT CONCERNING THE STATEMENT OF A CRIME VICTIM.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 54-91c of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) For the purposes of this section,
"victim" means a person who is a victim of a class
A, B or C felony or a violation of section 53a-72a
or 53a-72b, the legal representative of such
person or a member of a deceased victim's
immediate family.
(b) Prior to the imposition of sentence upon
any defendant who has been found guilty of a class
A, B or C felony or a violation of section 53a-72a
or 53a-72b or has pleaded guilty or nolo
contendere to any class A, B or C felony or a
violation of section 53a-72a or 53a-72b and prior
to the acceptance by the court of a plea of guilty
or nolo contendere made pursuant to a plea
agreement with the state wherein the defendant
pleads to a lesser offense than the offense with
which he was originally charged, the court shall
permit the victim of the crime to appear before
the court for the purpose of making a statement
for the record. In lieu of such appearance, the
victim may submit a written statement OR, IF THE
VICTIM OF THE CRIME IS DECEASED, THE LEGAL
REPRESENTATIVE OR A MEMBER OF THE IMMEDIATE FAMILY
OF SUCH CRIME VICTIM MAY SUBMIT A STATEMENT OF
SUCH DECEASED CRIME VICTIM to the state's
attorney, assistant state's attorney or deputy
assistant state's attorney in charge of the case.
Such state's attorney, assistant state's attorney
or deputy assistant state's attorney shall file
the statement with the sentencing court and the
statement shall be made a part of the record at
the sentencing hearing. Any such statement,
whether oral or written, shall relate [solely] to
the facts of the case, THE APPROPRIATENESS OF ANY
PENALTY and the extent of any injuries, financial
losses and loss of earnings directly resulting
from the crime for which the defendant is being
sentenced. After consideration of any such
statements, the court may refuse to accept, where
appropriate, a negotiated plea or sentence, and
the court shall give the defendant an opportunity
to enter a new plea and to elect trial by jury or
by the court.
(c) Prior to the imposition of sentence upon
such defendant and prior to the acceptance of a
plea pursuant to a plea agreement, the state's
attorney, assistant state's attorney or deputy
assistant state's attorney in charge of the case
shall advise the victim of such crime of the date,
time and place of the original sentencing hearing
or any judicial proceeding concerning the
acceptance of a plea pursuant to a plea agreement,
provided the victim has informed such state's
attorney, assistant state's attorney or deputy
assistant state's attorney that he or she wishes
to make or submit a statement as provided in
subsection (b) of this section and has complied
with a request from such state's attorney,
assistant state's attorney or deputy assistant
state's attorney to submit a stamped,
self-addressed postcard for the purpose of such
notification.
(d) The provisions of this section shall not
apply to any proceedings held in accordance with
section 46b-121 or section 54-76h.
Approved May 19, 1998