Section 4B. Before disposition in any case where a defendant has been found guilty of any felony or any crime against the person or crime where physical injury to a person results, excluding any crime for which a sentence of death may be imposed, and which involves an identified victim whose whereabouts are known, the district attorney shall give the victim actual notice of the time and place of sentencing and of the victim's right to make a statement to the court, orally or in writing at the victim's option, as to the impact of the crime and as to a recommended sentence. Before disposition, the court shall allow any victim who elects to make such an oral statement the opportunity to do so in the presence of the defendant. Before disposition, the district attorney shall file any such written statement with the court and shall make it available to the defendant.
If the victim is unable to make an oral or written statement because of his mental, emotional, or physical incapacity or his age, his attorney or a designated family member shall be provided the notice and the opportunity to make a statement prescribed in this paragraph.
Before said disposition the office of the district attorney shall cause to be prepared a written statement as to the impact of the crime on the victim, which shall be filed with the court as part of the presentence report and made available to the defendant. The statement shall include the following: (1) the name of the victim; (2) documentation of the net financial loss, if any, suffered by the victim or a family member as a result of the crime; (3) in cases where the crime has had an impact on the victim's personal welfare or family relationship or has had a psychological impact on the victim or his family, a statement of such impact.
The court shall allow the defendant to have the opportunity to rebut the victim's oral or written statement and the district attorney's written statement if the court decides to rely upon such statements or parts thereof in imposing sentence.
No sentence shall be invalidated because of failure to comply with the provisions of this section. This section shall not be construed to create any cause of action or any right of appeal on behalf of any person.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title II - Proceedings in Criminal Cases
Chapter 279 - Judgment and Execution
Section 1a - Suspension of Execution of Sentence; Probation; Child Support Payments
Section 2 - Suspension of Execution of Orders of Commitment to Massachusetts Reformatory, Etc.
Section 3a - Motion of District Attorney for Sentence
Section 4 - Imposition of Sentence; Stay of Execution
Section 4b - Notice to Victim of Sentencing Proceedings; Oral or Written Statements
Section 5 - Sentence if No Punishment Is Provided by Statute
Section 6 - Sentence to Jail or House of Correction
Section 7 - Sentence to Jail or House of Correction for Non-Payment of Fine
Section 8 - Commitments Upon Two or More Sentences
Section 8a - Determination of Time of Taking Effect of Sentence; ''from and After'' Sentence
Section 8b - Commission of Crime While Released on Personal Recognizance; Consecutive Sentence
Section 9 - Second Sentence for Non-Payment of Fine
Section 10 - Conditional Sentence
Section 11 - Punishment by Imprisonment Only or by Fine Only When Law Prescribes Both
Section 12 - Recognizance of Husband Convicted of Assault Upon Wife
Section 13 - Recognizance to Keep the Peace or to Be of Good Behavior
Section 14 - Recognizance; Filing; Proceedings on Breach of Condition
Section 15 - Sentence to Jail or House of Correction in Any County
Section 16 - Sentencing of Female to Massachusetts Correctional Institution, Framingham
Section 19 - Place of Imprisonment of Females Convicted of Felony
Section 20 - Execution of Sentence of Imprisonment of Females Sentenced to Confinement at Hard Labor
Section 23 - Limitation of Sentences of Males to Jails or Houses of Correction
Section 25 - Punishment of Habitual Criminals
Section 26 - Further Sentence of Convict in State Prison
Section 30 - Vacation of Office From Time of Sentence to State Prison
Section 33a - Credit for Days of Confinement Awaiting and During Trial
Section 35 - Transmission of Complaint or Indictment to Correctional Institution
Section 36 - Sentences to State Farm
Section 37 - Setting Out Statutory Name of Crime in Warrant for Commitment
Section 38 - Powers of Sheriff or Constable in Execution of Warrant of Commitment
Section 39 - Return of Precept to Magistrate
Section 40 - Service of New Warrant of Commitment Upon Convict
Section 41 - Default of Corporation
Section 42 - Warrant of Distress to Compel Payment of Penalty or Assessment
Section 59 - Execution of Death Sentence; Time Constraints
Section 60 - Means of Execution of Death Sentence
Section 61 - Capital Crime Conviction; Imposition of Sentence; Insane and Pregnant Persons
Section 63 - Delay in Execution of Death Sentence; Consideration of Pardon
Section 64 - Judicial Stay of Execution of Death Sentence; Final Determination of Judicial Questions
Section 65 - Witnesses; Execution of Death Sentence
Section 66 - Execution of Death Sentence; Post Mortem Examination
Section 67 - Warrant for Execution of Death Sentence; Return to Clerk of Court After Execution
Section 69 - Aggravating and Mitigating Circumstances in Death Penalty Cases
Section 70 - Death Penalty Imposed; Jury Findings Necessary
Section 71 - Review of Death Sentence; Remand; Reversal; Affirmation