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California Penal Code Section 1191.15

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 1191.15

(a) The court may permit the victim of any crime, or his
or her parent or guardian if the victim is a minor, or the next of
kin of the victim if the victim has died, to file with the court a
written, audiotaped, or videotaped statement, or statement stored on
a CD Rom, DVD, or any other recording medium acceptable to the court,
expressing his or her views concerning the crime, the person
responsible, and the need for restitution, in lieu of or in addition
to the person personally appearing at the time of judgment and
sentence.  The court shall consider the statement filed with the
court prior to imposing judgment and sentence.
   Whenever an audio or video statement or statement stored on a CD
Rom, DVD, or other medium is filed with the court, a written
transcript of the statement shall also be provided by the person
filing the statement, and shall be made available as a public record
of the court after the judgment and sentence have been imposed.
   (b) Whenever a written, audio, or video statement or statement
stored on a CD Rom, DVD, or other medium is filed with the court, it
shall remain sealed until the time set for imposition of judgment and
sentence except that the court, the probation officer, and counsel
for the parties may view and listen to the statement not more than
two court days prior to the date set for imposition of judgment and
sentence.
   (c) No person may, and no court shall, permit any person to
duplicate, copy, or reproduce by any audio or visual means any
statement  submitted to the court under the provisions of this
section.
   (d) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the court the views of the victim or
his or her parent or guardian or the next of kin.
   (e) In the event the court permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
court shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.

Last modified: January 12, 2009