Senate Bill S1901

2023-2024 Legislative Session

Provides for victim statements at the sentencing of a defendant for a misdemeanor

download bill text pdf

Sponsored By

Current 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

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Bill Amendments

co-Sponsors

2023-S1901 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in 2021-2022 Legislative Session:
S8761

2023-S1901 - Summary

Enacts Emma's Law, providing for victim statements at the sentencing of a defendant for a misdemeanor.

2023-S1901 - Sponsor Memo

2023-S1901 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1901
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to victim state-
   ments at the sentencing of a defendant for a misdemeanor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Emma's Law".
   § 2. Subparagraph 1 of paragraph (a) and paragraph (b) of  subdivision
 2  of  section  380.50  of the criminal procedure law, subparagraph 1 of
 paragraph (a) as amended by chapter 499 of the laws of  1993  and  para-
 graph  (b)  as  added by chapter 307 of the laws of 1992, are amended to
 read as follows:
   (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
   (b) If the defendant is being sentenced for a  felony  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 rele-
 vant to the question of  sentence.  [The]  IF  THE  DEFENDANT  IS  BEING
 SENTENCED FOR A MISDEMEANOR, IF REQUESTED AT LEAST TEN DAYS PRIOR TO THE
 SENTENCING  DATE,  THE  COURT  MAY ACCORD THE VICTIM THE RIGHT TO MAKE A
 STATEMENT WITH  REGARD  TO  ANY  MATTER  RELEVANT  TO  THE  QUESTION  OF
 SENTENCE.  IN  EITHER CASE, 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.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05831-01-3


              

co-Sponsors

2023-S1901A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in 2021-2022 Legislative Session:
S8761

2023-S1901A (ACTIVE) - Summary

Enacts Emma's Law, providing for victim statements at the sentencing of a defendant for a misdemeanor.

2023-S1901A (ACTIVE) - Sponsor Memo

2023-S1901A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1901--A
     Cal. No. 465
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced by Sens. STAVISKY, ROLISON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes -- reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN ACT to amend the criminal procedure law, in relation to victim state-
   ments at the sentencing of a defendant for a misdemeanor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Emma's Law".
   §  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 (1) a felony, OR (2) A
 MISDEMEANOR TO   WHICH   THE   DEFENDANT PLED   GUILTY    AFTER    BEING
 CHARGED WITH A FELONY OFFENSE IN AN INDICTMENT OR INFORMATION IN SUPERI-
 OR  COURT  WHERE SUCH FELONY OFFENSE RESULTED IN SERIOUS PHYSICAL INJURY
 TO THE VICTIM, THEN the court, if requested at least ten days  prior  to
 the  sentencing date, shall accord the victim the right to make a state-
 ment 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  subdivi-
 sion, the defendant may request a reasonable adjournment.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05831-03-3

              

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