In a sentencing proceeding conducted pursuant to this section, the display of a photograph of the victim taken before the homicide shall be permitted. In any homicide prosecution the victim's survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide. This act shall take effect immediately. This bill permits a homicide victim's survivor to display a photograph of the victim taken before the homicide at sentencing. In that same section, the bill amends the paragraph specifically concerning death penalty sentencing.
Criminal homicide includes murder, manslaughter and death by auto.
Finally the bill leaves to the Supreme Court the matter of issuing court rules pertaining to procedures governing these displays to ensure uniformity including, the size of the photo, the permissible duration of the display and where in the courtroom this display may take place. The sponsor believes that permitting such a photo display will show the victim as a unique individual in those cases in which, by definition, the victim is unable to appear in court. Permitting the display of a photograph in homicide cases is a logical extension of any victim's constitutionally protected right to be present at public judicial proceedings.