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Bill

S 4764

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing

2025 Regular Session Introduced by Jamaal Bailey

Bill S 4764 protects defendants' rights by allowing them to appeal if denied the chance to make personal statements during sentencing, enhancing fair trial standards.

REFERRED TO CODES
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Bill Summary · S 4764

Summary of Bill S 4764

Bill Number: S 4764
Title: Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing
Status: Referred to Codes
Introduced: February 12, 2025
Classification: Bill

Purpose and Intent

Bill S 4764 aims to safeguard the rights of defendants in criminal proceedings by ensuring that they retain the ability to appeal if their right to make a personal statement during sentencing is violated. This legislation underscores the importance of personal testimony in the sentencing phase, allowing defendants to express their perspectives and circumstances directly to the court.

Key Provisions

  • Right to Appeal: The bill explicitly preserves the right of defendants to appeal in cases where they are denied the opportunity to make a personal statement at sentencing.
  • Clarification of Rights: It clarifies the legal framework surrounding defendants' rights during sentencing, reinforcing the significance of personal statements as a component of fair trial rights.

Who Would Be Affected

  • Defendants: Individuals facing criminal charges who wish to express their views during sentencing will benefit from this bill, as it ensures their right to appeal if that opportunity is denied.
  • Judicial System: Courts will need to be more vigilant in upholding defendants' rights during sentencing, potentially leading to changes in procedural practices.
  • Legal Practitioners: Attorneys representing defendants will have a clearer basis for appeals related to sentencing procedures, enhancing their ability to advocate for their clients.

Procedural Aspects

  • Current Status: As of February 12, 2025, the bill has been referred to the Codes Committee for further consideration.
  • Related Legislation: This bill is related to prior-session bills S 6858 and S 2411, as well as companion bill A 3524, which may address similar issues regarding defendants' rights.

Conclusion

Bill S 4764 is a significant legislative effort to protect the rights of defendants in the sentencing phase of criminal proceedings. By preserving the ability to appeal violations of their right to make personal statements, the bill aims to enhance the fairness and integrity of the judicial process. As it moves through the legislative process, its implications for defendants and the judicial system will be closely monitored.

Compiled from official sources — confirm details with the bill’s official record.

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