Bill Text: NY S01901 | 2023-2024 | General Assembly | Amended

New York Senate Bill 1901

NY State Legislature page for S01901

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

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-05-20 - referred to codes [S01901 Detail]

Download: New_York-2023-S01901-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         1901--A
            Cal. No. 465

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced by Sens. STAVISKY, ROLISON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes -- reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, passed by  Senate  and  delivered  to  the
          Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading

        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.
                                                                   LBD05831-03-3