557.041. Plea bargain, sentencing, victim's right to appear or make statement--notice to victim. - Missouri Statutes

Plea bargain, sentencing, victim's right to appear or makestatement--notice to victim.

557.041. 1. Prior to the acceptance of a plea bargain bythe court with respect to any person who has pled guilty to anoffense after initially being charged with a felony, the courtshall allow the victim of such offense to submit a writtenstatement or appear before the court personally or by counsel forthe purpose of making a statement. The statement shall relatesolely to the facts of the case and any personal injuries orfinancial loss incurred by the victim. A member of the immediatefamily of the victim may appear personally or by counsel to makea statement if the victim has died or is otherwise unable toappear as a result of the offense committed by the defendant.

2. At the time of sentencing of any person who has pledguilty or been found guilty of a felony offense, the victim ofsuch offense may appear before the court personally or by counselfor the purpose of making a statement or may submit a writtenstatement. The statement shall relate solely to the facts of thecase and any personal injuries or financial loss incurred by thevictim. A member of the immediate family of the victim mayappear personally or by counsel to make a statement if the victimhas died or is otherwise unable to appear as a result of theoffense committed by the defendant.

3. The prosecuting attorney shall inform the victim or shallinform a member of the immediate family of the victim if thevictim is dead or otherwise is unable to make a statement as aresult of the offense committed by the defendant of the right tomake a statement pursuant to subsections 1 and 2 of this section.If the victim or member of the immediate family supplies astamped, self-addressed envelope, the prosecutor shall sendnotice of the time and location that the court will hear theguilty plea or render sentence.

(L. 1986 S.B. 618 & 562 § 1)