Sec. 54-91c. Testimony of victim or representative of deceased victim prior to acceptance of plea agreement and at sentencing hearing. Terms of proposed plea agreement. Notification by state's att
Sec. 54-91c. Testimony of victim or representative of deceased victim prior to
acceptance of plea agreement and at sentencing hearing. Terms of proposed plea
agreement. Notification by state's attorney. (a) For the purposes of this section, "victim" means a person who is a victim of a crime, the legal representative of such person,
a member of a deceased victim's immediate family or a person designated by a deceased
victim in accordance with section 1-56r.
(b) Prior to the imposition of sentence upon any defendant who has been found
guilty of any crime or has pleaded guilty or nolo contendere to any crime, and prior to
the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a
plea agreement with the state wherein the defendant pleads to a lesser offense than the
offense with which such defendant was originally charged, the court shall permit any
victim of the crime to appear before the court for the purpose of making a statement for
the record, which statement may include the victim's opinion of any plea agreement.
In lieu of such appearance, the victim may submit a written statement or, if the victim
of the crime is deceased, the legal representative or a member of the immediate family
of such deceased victim may submit a statement of such deceased victim to the state's
attorney, assistant state's attorney or deputy assistant state's attorney in charge of the
case. Such state's attorney, assistant state's attorney or deputy assistant state's attorney
shall file the statement with the sentencing court and the statement shall be made a part
of the record at the sentencing hearing. Any such statement, whether oral or written,
shall relate to the facts of the case, the appropriateness of any penalty and the extent of
any injuries, financial losses and loss of earnings directly resulting from the crime for
which the defendant is being sentenced. The court shall inquire on the record whether
any victim is present for the purpose of making an oral statement or has submitted a
written statement. If no victim is present and no such written statement has been submitted, the court shall inquire on the record whether an attempt has been made to notify
any such victim as provided in subsection (c) of this section. After consideration of any
such statements, the court may refuse to accept, where appropriate, a negotiated plea
or sentence, and the court shall give the defendant an opportunity to enter a new plea
and to elect trial by jury or by the court.
(c) Prior to the imposition of sentence upon such defendant and prior to the acceptance of a plea pursuant to a plea agreement, the state's attorney, assistant state's attorney
or deputy assistant state's attorney in charge of the case shall advise the victim of such
crime of the date, time and place of the original sentencing hearing or any judicial
proceeding concerning the acceptance of a plea pursuant to a plea agreement, provided
the victim has informed such state's attorney, assistant state's attorney or deputy assistant state's attorney that such victim wishes to make or submit a statement as provided
in subsection (b) of this section and has complied with a request from such state's
attorney, assistant state's attorney or deputy assistant state's attorney to submit a
stamped, self-addressed postcard for the purpose of such notification. If the state's attorney, assistant state's attorney or deputy assistant state's attorney is unable to notify the
victim, such state's attorney, assistant state's attorney or deputy state's attorney shall
sign a statement as to such notification.
(d) Upon the request of a victim, prior to the acceptance by the court of a plea of a
defendant pursuant to a proposed plea agreement, the state's attorney, assistant state's
attorney or deputy assistant state's attorney in charge of the case shall provide such
victim with the terms of such proposed plea agreement in writing.
(e) The provisions of this section shall not apply to any proceedings held in accordance with section 46b-121 or section 54-76h.
(P.A. 81-324, S. 1-3, 5; P.A. 85-117; P.A. 86-401, S. 2, 7; P.A. 98-53; P.A. 99-247, S. 1; P.A. 00-200, S. 3; P.A. 01-211, S. 10; P.A. 02-105, S. 13; P.A. 03-179, S. 1.)
History: 85-117 amended Subsecs. (a) and (b) by adding "or a violation of section 53a-72a or 53a-72b"; P.A. 86-401
amended Subsecs. (b) and (c) permitting victim to make statement prior to acceptance plea of guilty or nolo contendere
pursuant to plea agreement wherein defendant pleads to lesser offense and requiring state's attorney to notify victim of
any such judicial proceeding; P.A. 98-53 amended Subsec. (b) by adding provision re statement by representative or family
member of deceased victim and re inclusion of the appropriateness of penalty in any written or oral statement; P.A. 99-247 added new Subsec. (d) to require the prosecutorial official to provide a victim, upon such victim's request, with the
terms of a proposed plea agreement in writing prior to the court's acceptance of the defendant's plea, relettering former
Subsec. (d) as Subsec. (e), and made a technical change for purposes of gender neutrality; P.A. 00-200 amended Subsec.
(b) by making a technical change and adding provision that statement of victim may include victim's opinion of plea
agreement, and amended Subsec. (c) by providing that, if victim of crime is deceased, legal representative or family member
shall inform prosecutor of wish to give statement and to be notified, and if prosecutor is unable to notify, such prosecutor
shall sign statement as to notification; P.A. 01-211 amended Subsec. (a) to redefine "victim" as a person who is a victim
of "a crime" rather than "a class A, B or C felony or a violation of section 53a-72a or 53a-72b", amended Subsec. (b) to
make provisions applicable with respect to the sentencing of a defendant convicted of "any crime" rather than "any class
A, B or C felony or a violation of section 53a-72a or 53a-72b" and amended Subsec. (c) to delete language re deceased
crime victim; P.A. 02-105 amended Subsec. (a) by adding a person designated by a victim pursuant to Sec. 1-56r to
definition of "victim"; P.A. 03-179 amended Subsec. (b) by replacing "permit the victim" with "permit any victim", adding
provisions re inquiry of the court on the record and making technical changes.
See Sec. 54-91e re notification of victim through automated system prior to acceptance of plea agreement.
Cited. 23 CA 431.
Cited. 41 CS 229.
Subsec. (b):
Cited. 9 CA 686. Cited. 10 CA 591.