2021 New Jersey Revised Statutes
Title 52 - State Government, Departments and Officers
Section 52:4B-36.1 - Rights of victim's survivor relative to a homicide prosecution.
52:4B-36.1 Rights of victim's survivor relative to a homicide prosecution.
2. Pursuant to Article I, paragraph 22 of the New Jersey Constitution, in any homicide prosecution:
a. A victim's survivor may, at the time of making the in-person statement to the sentencing court authorized by subsection n. of section 3 of P.L.1985, c.249 (C.52:4B-36), display directly to the sentencing court a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer-generated presentation, or a video presentation of the victim. The time, length and content of such presentation shall be within the sound discretion of the sentencing judge; and
b. A victim's survivor may, during any judicial proceeding involving the defendant, wear a button not exceeding four inches in diameter that contains a picture of the victim, if the court determines that the wearing of such button will not deprive the defendant of his right to a fair trial under the Sixth Amendment of the United States Constitution and Article I of the New Jersey Constitution. Other spectators at such judicial proceedings may also wear similar buttons if the court so determines. If the victim's survivor seeks to wear the button at trial, the victim's survivor shall give notice to the defendant and to the court no less than 30 days prior to the final trial date.
L.2012, c.27, s.2.
