Section 2104 - Sentencing procedure1.Participation by victim. The victim must be provided the opportunity to participate at sentencing by: A. Making an oral statement in open court; or [2019, c. 113, Pt. A, §2(NEW).]B. Submitting a written statement to the court either directly or through the attorney for the State. A written statement must be made part of the record. [2019, c. 113, Pt. A, §2(NEW).] An attorney for the victim may submit a written statement or make an oral statement on the victim's behalf.
[2019, c. 113, Pt. A, §2(NEW).]
2.Consideration of victim's statements. The court shall consider any statement made under subsection 1, along with all other appropriate factors, in determining the sentence. [2019, c. 113, Pt. A, §2(NEW).]
3.Participation by interested person. An interested person, including, but not limited to, a member of the victim's family who is not immediate family of the victim, a close friend of the victim, a community member and other interested person, does not have a right to participate at sentencing. Participation by such interested persons is a matter for the court's discretion in determining what information to consider when sentencing. [2019, c. 113, Pt. A, §2(NEW).]
Added by 2019, c. 113,§ A-2, eff. 5/16/2019.