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repealed and the following is substituted in  lieu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