§12-28-4.1  Right to address court regarding plea negotiation. –

Published: 2015

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Criminal Procedure


Victim's Rights

SECTION 12-28-4.1

   § 12-28-4.1  Right to address court

regarding plea negotiation. –

(a) Prior to acceptance by the court of a plea negotiation and imposition of

sentence upon a defendant who has pleaded nolo contendere or guilty to a crime,

the victim of the criminal offense shall, upon request, be afforded the

opportunity to address the court regarding the impact which the defendant's

criminal conduct has had upon the victim. The victim shall be permitted to

speak prior to counsel for the state and the defendant making their sentencing

recommendations to the court and prior to the defendant's exercise of his or

her right to address the court.

   (b) For the purposes of this section, "victim" is one who has

sustained personal injury or loss of property directly attributable to the

criminal conduct of which the defendant has been charged. In homicide cases, a

member of the immediate family of the victim shall be afforded the right

created by this section.

History of Section.

(P.L. 1985, ch. 387, § 1; P.L. 1986, ch. 405, § 1; P.L. 1988, ch.

444, § 2.)