Assembly Bill A2138

2025-2026 Legislative Session

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

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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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2025-A2138 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A9744
2023-2024: A3099

2025-A2138 (ACTIVE) - Summary

Provides for victim statements at the sentencing of a defendant for certain misdemeanors.

2025-A2138 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2138
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER, BUTTENSCHON, COLTON, STERN, HEVESI,
   JACOBSON, SEAWRIGHT, PHEFFER AMATO, DeSTEFANO, SMULLEN, HAWLEY, ANGEL-
   INO, GIGLIO, K. BROWN, DURSO, KELLES, BENDETT,  MANKTELOW,  JENSEN  --
   Multi-Sponsored  by -- M. of A. SIMON -- read once and referred 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.    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 PURSUANT TO THE VEHICLE AND TRAFFIC LAW IN
 AN INDICTMENT OR INFORMATION IN SUPERIOR 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 statement with regard to any matter rele-
 vant  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 reason-
 able adjournment.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01551-02-5

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