Section 557.041

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 557

Effective - 13 Aug 1986, 2 histories, see footnote   (history) 

  557.041.  Until December 31, 2016 — Plea bargain, sentencing, victim's right to appear or make statement — notice to victim. — 1.  Prior to the acceptance of a plea bargain by the court with respect to any person who has pled guilty to an offense after initially being charged with a felony, the court shall allow the victim of such offense to submit a written statement or appear before the court personally or by counsel for the purpose of making a statement.  The statement shall relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim.  A member of the immediate family of the victim may appear personally or by counsel to make a statement if the victim has died or is otherwise unable to appear as a result of the offense committed by the defendant.

  2.  At the time of sentencing of any person who has pled guilty or been found guilty of a felony offense, the victim of such offense may appear before the court personally or by counsel for the purpose of making a statement or may submit a written statement.  The statement shall relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim.  A member of the immediate family of the victim may appear personally or by counsel to make a statement if the victim has died or is otherwise unable to appear as a result of the offense committed by the defendant.

  3.  The prosecuting attorney shall inform the victim or shall inform a member of the immediate family of the victim if the victim is dead or otherwise is unable to make a statement as a result of the offense committed by the defendant of the right to make a statement pursuant to subsections 1 and 2 of this section.  If the victim or member of the immediate family supplies a stamped, self-addressed envelope, the prosecutor shall send notice of the time and location that the court will hear the guilty plea or render sentence.

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(L. 1986 S.B. 618 & 562 § 1)

Transferred 2014; now 595.229; Effective 1-01-17