§ 12-28-4.1 - Right to address court regarding plea negotiation.

SECTION 12-28-4.1

   § 12-28-4.1  Right to address courtregarding plea negotiation. – (a) Prior to acceptance by the court of a plea negotiation and imposition ofsentence upon a defendant who has pleaded nolo contendere or guilty to a crime,the victim of the criminal offense shall, upon request, be afforded theopportunity to address the court regarding the impact which the defendant'scriminal conduct has had upon the victim. The victim shall be permitted tospeak prior to counsel for the state and the defendant making their sentencingrecommendations to the court and prior to the defendant's exercise of his orher right to address the court.

   (b) For the purposes of this section, "victim" is one who hassustained personal injury or loss of property directly attributable to thecriminal conduct of which the defendant has been charged. In homicide cases, amember of the immediate family of the victim shall be afforded the rightcreated by this section.