BILL NUMBER: S611

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to victim state-
ments at the sentencing of a defendant for a misdemeanor

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow victims of certain misdemeanor
crimes to request to make a statement at the sentencing of the defendant
and to direct the court to accept such request.

 
SUMMARY OF PROVISIONS:

Section one provides the short title as "Emma's Law". Section two amends
subparagraph b of subsection 2 of section 380.50 of the criminal proce-
dure law to direct a court, upon timely request by the victim, to allow
'victims of misdemeanor crimes to make a statement at the sentencing of
the defendant where the defendant pled down from a felony charge and the
'felony offense resulted in serious physical injury to the victim..
              

Section three provides the effective date.

 
JUSTIFICATION:

This legislation is named for Emma Grace O'Rourke, the daughter of a
victim barred from speaking at the sentencing of the defendant who
severely injured her father, Conan, when defendant's vehicle struck the
backend of Mr. O'Rourke's car in February 2012. Conan O'Rourke suffered
.multiple injuries from the crash, including traumatic brain injury, a
collapsed lung, a ruptured spleen, several spinal fractures, and head
and chest trauma. This tragedy took an unimaginable emotional and finan
cial toll on the entire O'Rourke family.

Emma, who was 11 years old at the time of sentencing, wanted to address
the court to express how the tragedy affected her and her family. The
court denied Emma's request to speak at sentencing, because under
current law, only victims of felony crimes have an absolute right, upon
timely request, to make a victim impact statement. The driver that hit
Mr. O'Rourke pleaded guilty to a misdemeanor charge of reckless driving,
and in so doing, automatically foreclosed Emma's right to make a state-
ment at sentencing. Many crime victims, whether of a felony or misdemea-
nor crime, feel violated, desire justice, and want to express themselves
directly to the court prior to sentencing. This bill directs courts,
upon a victim's timely request, to òpermit victims of misdemeanor crimes
to make a statement at the sentencing of the defendant where the defend-
ant pled down from a felony charge and the felony offense resulted in
serious physical injury to the victim.

 
PRIOR LEGISLATIVE HISTORY:

2020-2022: S.8761 - Referred to Codes

2023-2024: S1901/A.3099 -

Referred to Codes.

 
FISCAL IMPLICATIONS:
hone

 
EFFECTIVE DATE:
This act shall take effect immediately.