§ 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.)