§ 1191.1. Victim, parents or guardians, or next of kin; appearance and statement at sentencing proceedings; duty of court; amendment of section | Statutes | Westlaw

§ 1191.1. Victim, parents or guardians, or next of kin; appearance and statement at sentencing proceedings; duty of court; amendment of section | Statutes | Westlaw

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West's Annotated California Codes
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 8. Of Judgment and Execution
Chapter 1. The Judgment (Refs & Annos)
West's Ann.Cal.Penal Code § 1191.1
§ 1191.1. Victim, parents or guardians, or next of kin; appearance and statement at sentencing proceedings; duty of court; amendment of section
The victim of any crime, or * * * the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to attend all sentencing proceedings under this chapter and shall be given adequate notice by the probation officer of all sentencing proceedings concerning the person who committed the crime.
The victim, or * * * up to two of the victim's parents or guardians if the victim is a minor, or the next of kin * * * of the victim if the victim has died, have the right to appear, personally or by counsel, at the sentencing proceeding and to reasonably express his, her, or their views concerning the crime, the person responsible, and the need for restitution. The court in imposing sentence shall consider the statements of victims, parents * * * or guardians, and next of kin made pursuant to this section and shall state on the record its conclusion concerning whether the person would pose a threat to public safety if granted probation.
The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.

Credits

(Added by Initiative Measure (Prop. 8, § 6, approved June 8, 1982). Amended by Stats.1984, c. 1425, § 1; Stats.1993, c. 338 (A.B.237), § 1.)
West's Ann. Cal. Penal Code § 1191.1, CA PENAL § 1191.1
Current with urgency legislation through Ch. 37 of 2024 Reg.Sess. Some statute sections may be more current, see credits for details.
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