NY State Senate Bill 2023-S5313

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 01, 2023	referred to codes

2023-S5313 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§380.50 & 390.20, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5792
2017-2018: S196
2019-2020: S4395
2021-2022: S2130

2023-S5313 (ACTIVE) - Summary

Enables the victim of a misdemeanor to make a statement at the sentencing of the defendant.

2023-S5313 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5313

SPONSOR: WEIK
 
TITLE OF BILL:

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 expira-
tion thereof

 
PURPOSE:

Enacts "Emma's Law" to allow victims of misdemeanor crimes to make a
statement with regard to any matter relevant to the question of
sentence.

 
SUMMARY OF PROVISIONS:

Section 1: Provides that the law shall be called "Emma's law."

Section 2: Amends paragraph (b) of subdivision 2 of section 380.50 of
the criminal procedure law, as added by chapter 307 of the laws of 1992

allowing the victim of a misdemeanor crime the right to make a statement
with regard to any matter relevant to the question of sentence. The bill
defines a victim as either someone indicated in the accusatory instru-
ment or in the presentence investigation conducted pursuant to Section
390.20 of the Criminal Procedure Law.

Section 3: Subdivision 2 of Section 390.20 of the Criminal Procedure Law
as amended by Ch. 413 of the laws of 1991, is amended to allow a pre-
sentence investigation of the defendant if a pre-sentencing report is
requested by either the prosecutor or defendant and the Court has
received a written report.

Section 4: Effective date.

 
EXISTING LAW:

Currently, only victims of felonies are afforded the opportunity to make
a statement at sentencing in court.

 
JUSTIFICATION:

This legislation is named for Emma Grace O'Rourke who was not afforded
the opportunity to speak at the sentencing of the defendant who injured
her father, Conan, after his vehicle was hit by the defendant in Febru-
ary 2012. He suffered serious injuries as a result that included trau-
matic brain injury, a collapsed lung, a ruptured spleen and many broken
bones including several spinal fractures and head and chest trauma. This
tragedy has taken an unimaginable emotional and financial toll on the
entire family. Emma, who was 11 years old at the time of the sentencing,
wanted to address the court to express how this tragedy has affected her
and the rest of her family.

However, since the driver that hit Mr. O'Rourke pleaded guilty to a
misdemeanor charge of reckless driving and not a felony, she could not
address the Court. Under current law, only victims of felony crimes are
afforded the opportunity to make a statement before the Judge with
regard to the question of sentencing. Many crime victims, whether
victimized by a defendant who committed a felony or misdemeanor, feel
violated, desire justice and want to express themselves directly before
the Judge prior to sentencing. This bill gives victims of certain misde-
meanor crimes the opportunity to be heard if requested by the prosecutor
or defendant.

 
LEGISLATIVE HISTORY:

2022 S2130 Codes

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Effective Immediately and shall expire and be deemed repealed 2 years
after such effective date.

2023-S5313 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5313
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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 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".
   § 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
 defendant no less than seven days prior to sentencing  of  the  victim's
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09223-01-3

 S. 5313                             2
 
 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.  The opening paragraph of subdivision 2 of section 390.20 of the
 criminal procedure law, as amended by chapter 413 of the laws  of  1991,
 is amended to read as follows:
   Where  a person is convicted of a misdemeanor a pre-sentence report is
 not required, but the court may  not  pronounce  any  of  the  following
 sentences  unless  it  has  ordered  a pre-sentence investigation of the
 defendant and has received a written report thereof  OR  A  PRE-SENTENCE
 INVESTIGATION OF THE DEFENDANT HAS BEEN REQUESTED BY EITHER THE PROSECU-
 TOR  OR  THE  DEFENDANT  AND  THE  COURT  HAS  RECEIVED A WRITTEN REPORT
 THEREOF:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 2 years after such effective date.

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Senate Bill S5313

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2023-S5313 (ACTIVE) - Details

2023-S5313 (ACTIVE) - Summary

2023-S5313 (ACTIVE) - Sponsor Memo

2023-S5313 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5313

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Sponsored By

Alexis Weik

Archive: Last Bill Status - In Senate Committee Codes Committee

2023-S5313 (ACTIVE) - Details

2023-S5313 (ACTIVE) - Summary

2023-S5313 (ACTIVE) - Sponsor Memo

2023-S5313 (ACTIVE) - Bill Text download pdf

Comments