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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3099

                               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  --
          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:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Emma's Law".
     3    § 2. Subparagraph 1 of paragraph (a) and paragraph (b) of  subdivision
     4  2  of  section  380.50  of the criminal procedure law, subparagraph 1 of
     5  paragraph (a) as amended by chapter 499 of the laws of  1993  and  para-
     6  graph  (b)  as  added by chapter 307 of the laws of 1992, are amended to
     7  read as follows:
     8    (1) the victim as indicated in the accusatory instrument or  as  indi-
     9  cated  in  the  pre-sentence investigation conducted pursuant to section
    10  390.20 of this title; or
    11    (b) If the defendant is being sentenced for a  felony  the  court,  if
    12  requested  at  least ten days prior to the sentencing date, shall accord
    13  the victim the right to make a statement with regard to any matter rele-
    14  vant to the question of  sentence.  [The]  If  the  defendant  is  being
    15  sentenced for a misdemeanor, if requested at least ten days prior to the
    16  sentencing  date,  the  court  may accord the victim the right to make a
    17  statement with  regard  to  any  matter  relevant  to  the  question  of
    18  sentence.  In  either case, the court shall notify the defendant no less
    19  than seven days prior to sentencing of the victim's  intent  to  make  a
    20  statement at sentencing. If the defendant does not receive timely notice
    21  pursuant  to  this  subdivision,  the defendant may request a reasonable
    22  adjournment.
    23    § 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