Missouri Laws 217.762 – Presentence investigation, required, when — victim impact statement, ..
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.
Terms Used In Missouri Laws 217.762
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Division: a statutorily created agency within the department or an agency created by the departmental organizational plan. See Missouri Laws 217.010
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
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.