Effective - 28 Aug 2018, 2 histories
217.762. Presentence investigation, required, when — victim impact statement, prepared when, contents. — 1. Prior to sentencing any defendant convicted of a felony which resulted in serious physical injury or death to the victim, a presentence investigation shall be conducted by the division of probation and parole to be considered by the court, unless the court orders otherwise.
2. The presentence investigation shall include a victim impact statement if the defendant caused physical, psychological, or economic injury to the victim.
3. If the court does not order a presentence investigation, the prosecuting attorney may prepare a victim impact statement to be submitted to the court. The court shall consider the victim impact statement in determining the appropriate sentence, and in entering any order of restitution to the victim.
4. A victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
(6) Contain any other information related to the impact of the offense upon the victim that the court requires.
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(L. 1989 H.B. 408 § 5, A.L. 2018 H.B. 1355)