|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jun 10, 2016 |
print number 8054b |
| Jun 10, 2016 |
amend (t) and recommit to codes |
| Jan 27, 2016 |
print number 8054a |
| Jan 27, 2016 |
amend and recommit to codes |
| Jan 06, 2016 |
referred to codes |
| Jun 05, 2015 |
referred to codes |
Assembly Bill A8054B
2015-2016 Legislative Session
Sponsored By
WOERNER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2015-A8054 - Details
2015-A8054 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8054
2015-2016 Regular Sessions
I N A S S E M B L Y
June 5, 2015
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to enabling the
victim of a misdemeanor to make a statement at the sentencing of the
defendant
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Emma's Law".
S 2. Paragraph (b) of subdivision 2 of section 380.50 of the criminal
procedure law, as added by chapter 307 of the laws of 1992, is amended
to read as follows:
(b) If the defendant is being sentenced for a felony OR A MISDEMEANOR,
the court, if requested at least ten days prior to the sentencing date,
shall accord the victim the right to make a statement with regard to any
matter relevant to the question of sentence. The court shall notify the
defendant no less than seven days prior to sentencing of the victim's
intent to make a statement at sentencing. If the defendant does not
receive timely notice pursuant to this subdivision, the defendant may
request a reasonable adjournment.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11428-02-5
co-Sponsors
Bill Nojay
Michael Montesano
multi-Sponsors
Thomas McKevitt
Fred Thiele
2015-A8054A - Details
2015-A8054A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8054--A
2015-2016 Regular Sessions
I N A S S E M B L Y
June 5, 2015
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to enabling the
victim of a misdemeanor to make a statement at the sentencing of the
defendant
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Emma's Law".
S 2. Paragraphs (a) and (b) of subdivision 2 of section 380.50 of the
criminal procedure law, paragraph (a) as amended by chapter 499 of the
laws of 1993, subparagraph 2 of paragraph (a) as separately amended by
chapters 173 and 198 of the laws of 1996, and paragraph (b) as added by
chapter 307 of the laws of 1992, are amended to read as follows:
(a) For purposes of this section "victim" shall mean:
(1) the victim as indicated in the accusatory instrument OR AS INDI-
CATED IN THE PRE-SENTENCE INVESTIGATION CONDUCTED PURSUANT TO SECTION
390.20 OF THIS TITLE; or
(2) if such victim is unable or unwilling to express himself or
herself before the court or a person so mentally or physically disabled
as to make it impracticable to appear in court in person or the victim
is deceased, a member of the family of such victim, or the legal guardi-
an or representative of the legal guardian of the victim where such
guardian or representative has personal knowledge of and a relationship
with the victim, unless the court finds that it would be inappropriate
for such person to make a statement on behalf of the victim.
(b) If the defendant is being sentenced for a felony OR A MISDEMEANOR,
the court, if requested at least ten days prior to the sentencing date,
shall accord the victim the right to make a statement with regard to any
matter relevant to the question of sentence. The court shall notify the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11428-04-5
co-Sponsors
Michael Montesano
Michael Blake
Earlene Hooper
Vivian Cook
multi-Sponsors
Sandy Galef
William Magee
Thomas McKevitt
Fred Thiele
2015-A8054B (ACTIVE) - Details
2015-A8054B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8054--B
2015-2016 Regular Sessions
I N A S S E M B L Y
June 5, 2015
___________
Introduced by M. of A. WOERNER, NOJAY, MONTESANO -- Multi-Sponsored by
-- M. of A. McKEVITT, THIELE -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to enabling the
victim of a misdemeanor to make a statement at the sentencing of the
defendant; and providing for the repeal of such provisions upon expi-
ration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Emma's Law".
S 2. Paragraphs (a) and (b) of subdivision 2 of section 380.50 of the
criminal procedure law, paragraph (a) as amended by chapter 499 of the
laws of 1993, subparagraph 2 of paragraph (a) as separately amended by
chapters 173 and 198 of the laws of 1996, and paragraph (b) as added by
chapter 307 of the laws of 1992, are amended to read as follows:
(a) For purposes of this section "victim" shall mean:
(1) the victim as indicated in the accusatory instrument OR AS INDI-
CATED IN THE PRE-SENTENCE INVESTIGATION CONDUCTED PURSUANT TO SECTION
390.20 OF THIS TITLE; or
(2) if such victim is unable or unwilling to express himself or
herself before the court or a person so mentally or physically disabled
as to make it impracticable to appear in court in person or the victim
is deceased, a member of the family of such victim, or the legal guardi-
an or representative of the legal guardian of the victim where such
guardian or representative has personal knowledge of and a relationship
with the victim, unless the court finds that it would be inappropriate
for such person to make a statement on behalf of the victim.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11428-06-6
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