§1174 — Sentencing procedure



      1. The victim must be provided the opportunity to participate at sentencing by:
   
A. Making an oral statement in open court; or [1995, c. 680, §5 (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. [1995, c. 680, §5 (new).] [1995, c. 680, §5 (new).]
      2. The court shall consider any statement made under subsection 1, along with all other appropriate factors, in determining the sentence.[1995, c. 680, §5 (new).]
      3. Unlike victims defined under section 1171, family members not within that definition, close friends of the victim, community members and other interested persons do 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.[1995, c. 680, §5 (new).]

Section History:

PL 1995,  Ch. 680,   §5 (NEW).