CHAPTER 129

(SB 84)

Victim definition revised for the purpose of making
impact statements to court.

         ENTITLED, An Act to  revise the definition of victims who may address the court before sentencing is imposed.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 23A-27-1.1 be amended to read as follows:

     23A-27-1.1.   Upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

     The defendant shall be permitted to respond to such statements orally or by presentation of evidence and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.

     For the purpose of this section, the term, victim, shall be construed to mean the actual victim or the parent, spouse, next of kin, legal or physical custodian, guardian, foster parent, case worker, domestic violence victim advocate, or mental health counselor of any actual victim who is incompetent by reason of age or physical condition, who is deceased, or whom the court finds otherwise unable to comment.

     Signed February 9, 2005

---

_______________