Bill Text: NY A03099 | 2023-2024 | General Assembly | Amended

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

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to codes [A03099 Detail]

Download: New_York-2023-A03099-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3099--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  WOERNER, BUTTENSCHON, THIELE, COLTON, STERN,
          HEVESI, JACOBSON, SEAWRIGHT, PHEFFER AMATO, SILLITTI, DeSTEFANO, SMUL-
          LEN, HAWLEY, ANGELINO, J. A. GIGLIO, K. BROWN, DURSO,  GOODELL,  McDO-
          NALD,  KELLES,  BENDETT,  MANKTELOW  -- Multi-Sponsored by -- M. of A.
          SIMON -- read once and referred to the Committee on Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Emma's Law".
     3    § 2. Paragraph (b) of subdivision 2 of section 380.50 of the  criminal
     4  procedure  law,  as added by chapter 307 of the laws of 1992, is amended
     5  to read as follows:
     6    (b) If the defendant is being sentenced for (1) a  felony,  or  (2)  a
     7  misdemeanor  to    which   the   defendant pled   guilty   after   being
     8  charged with a felony offense in an indictment or information in superi-
     9  or court where such felony offense resulted in serious  physical  injury
    10  to  the  victim, then the court, if requested at least ten days prior to
    11  the sentencing date, shall accord the victim the right to make a  state-
    12  ment with regard to any matter relevant to the question of sentence. The
    13  court  shall  notify  the  defendant  no  less  than seven days prior to
    14  sentencing of the victim's intent to make a statement at sentencing.  If
    15  the  defendant  does not receive timely notice pursuant to this subdivi-
    16  sion, the defendant may request a reasonable adjournment.
    17    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05831-02-3