§ 651:4-a — Right of Crime Victim to Address Judge; Defendant Required to Personally Appear

Before a judge sentences or suspends or reduces the sentence of any person for capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, the victim of the offense, or the victim's next of kin if the victim has died, shall have the opportunity to address the judge. The victim or victim's next of kin may appear personally or by counsel and may reasonably express his or her views concerning the offense, the person responsible, and the need for restitution. The prosecutor and the attorney for the defendant may be present when the victim or victim's next of kin so addresses the judge. The defendant shall personally appear in court when the victim or victim's next of kin addresses the judge, unless excused by the court. The judge may consider the statements of the victim or next of kin made pursuant to this section when imposing sentence or making a decision regarding sentence reduction or sentence suspension.

Legislative History

1983, 319:4. 1992, 254:11. 1994, 394:2. 2015, 223:1, eff. Jan. 1, 2016.