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