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