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By the Center for
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Business has “a VOICE and a VOTE,” according to newly exposed documents. DO YOU?
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Justice
Victim Impact Statement Act
was the corporate co-chair in
ghostwrite “model” bills to
Commerce,
be introduced
in Insurance,
state
2011?
Summary
and
Economic
capitols
across
the country.
Development
This Act would require the probation department to solicit a victim impact statement
This agenda--underwritten
from a victim of a felony, after the conviction but before the sentencing of the felon. The
by global
corporations-Education
probation officer would then be required to attach a victim impact statement to the
includes major tax
presentence report submitted to the sentencing court. Furthermore, this Act would
Energy,
allow victims of all crimes to submit impact statements to the probation department,
loopholes
for Environment,
big industries
and Agriculture
which would then be required to attach the statement to the presentence reports. The
and the super rich,
sentencing court would be required to consider victim impact statements when
proposals
to offshore
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Relations U.S.
deciding on sentences.
jobs and gut minimum
and Human
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{Title, enacting clause, etc.}
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Section 1. {Title.} This Act may be cited as the Victim Impact Statement Act.
protections. Although many
Public
and
of these
billsSafety
have become
Elections
Section 2. {Definitions.} As used in this Act:
law, until now, their origin
has been
unknown.
(A) "Victim" means an individual who suffers direct or threatened physical, emotional, or
Tax largely
and Fiscal
Policy
financial harm as the result of the commission of crime, or an immediate family member
With ALEC EXPOSED, the
of a minor victim or a homicide victim.
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(B) "Victim impact statement" means a statement providing information about the
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financial, emotional, and physical effects of the crime on the victim and the victim's
Americans will study the
family, and specific information about the victim, the circumstances surrounding the
bills to understand the
crime, and the manner in which it was perpetrated.
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depth and breadth of how
(C) "Victim representative" means a spouse, parent, child, sibling, or other relative of a
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big corporations
are
deceased or incapacitated victim or of a victim who is under [cite state law] years of
changing the
legal
rules
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age, or a person who has had a close relationship with the victim and is designated by
and undermining democracy
the court to be a victim representative.
across the nation.
Section 3. {Notice to victim or victim representative.}

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--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
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(A) If a defendant is convicted of a felony involving one or more identifiable victims who
suffered death or physical, emotional, or financial injury, the probation department
(prosecuting attorney) shall notify the victim or the victim representative in writing of
the date, time, and place of the sentencing hearing and advise him or her of the
opportunity to present a victim impact statement.
(B) A copy of any relevant rules and regulations pertaining to the victim impact
statement and the hearing shall accompany the notice.
(C) The notice and the copy of any relevant rules and regulations shall be sent to the last
known address of the victim or the victim representative at least [determined by
legislature] days prior to the sentencing hearing.

Section 4. {Submission of victim impact statement to the court.}
(A) Prior to imposition of sentence in a felony case, the probation department shall
prepare a written victim impact statement and append it to the presentence report on
the defendant. The statement shall include applicable information obtained during
consultation with the victim or the victim representative. If the victim or victim
representative cannot be located or declines to cooperate in the preparation of the
statement, the probation department shall include a notation to that effect in the
statement. If there are multiple victims and preparation of individual victim impact
statements is not feasible, the probation department may submit one or more
representative statements.
(B) Prior to imposition of sentence in both felony and misdemeanor cases, the victim or
victim representative may also submit a victim impact statement in one or both of the
following means:
(1) by presenting an oral victim impact statement at the sentencing hearing. Where
there are multiple victims, the court may limit the number of oral victim impact
statements;
(2) by submitting a written statement to the probation department, which shall append
such statement to the presentence report of the defendant.

Section 5. {Access to written victim impact statements.} The court shall

Exposed

By the Center for
Media and Democracy
www.prwatch.org

make available copies of the statement to the defendant, defendant's counsel, and the
prosecuting attorney. These parties shall return all copies of the statement to the court
immediately following the imposition of sentence upon the defendant.

Section 6. {Consideration of the victim impact statement.} Any victim

impact statement submitted to the court pursuant to Section 4 shall be among the
factors considered by the court in determining the sentence to be imposed upon the
defendant.

Section 7. {Limitation.} This Act shall not be construed to require a victim or victim

representative to submit a victim impact statement or to cooperate in the preparation of
a victim impact statement.

Section 8. {Severability clause.}
Section 9. {Repealer clause.}
Section 10. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995

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Center for Media
and Democracy's
quick summary:

This is part of a bundle of 1995 ALEC bills that aim to include victims in the criminal justice process.