Bill Text: NY S05792 | 2015-2016 | General Assembly | Amended

---

Bill Title: Enables the victim of a misdemeanor to make a statement at the sentencing of the defendant.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Engrossed - Dead) 2016-06-16 - referred to codes [S05792 Detail]

Download: New_York-2015-S05792-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         5792--B
            Cal. No. 502
                               2015-2016 Regular Sessions
                    IN SENATE
                                      June 3, 2015
                                       ___________
        Introduced  by  Sens.  MARCHIONE, BOYLE, CROCI, FUNKE, GALLIVAN, LARKIN,
          O'MARA, PARKER, RANZENHOFER, RITCHIE, ROBACH, SEWARD, STAVISKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          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 enabling  the
          victim  of  a misdemeanor to make a statement at the sentencing of the
          defendant; and providing for the repeal of such provisions upon  expi-
          ration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as "Emma's Law".
     2    § 2. Paragraphs (a) and (b) of subdivision 2 of section 380.50 of  the
     3  criminal  procedure  law, paragraph (a) as amended by chapter 499 of the
     4  laws of 1993, subparagraph 2 of paragraph (a) as separately  amended  by
     5  chapters  173 and 198 of the laws of 1996, and paragraph (b) as added by
     6  chapter 307 of the laws of 1992, are amended to read as follows:
     7    (a) For purposes of this section "victim" shall mean:
     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    (2) if such victim is  unable  or  unwilling  to  express  himself  or
    12  herself  before the court or a person so mentally or physically disabled
    13  as to make it impracticable to appear in court in person or  the  victim
    14  is deceased, a member of the family of such victim, or the legal guardi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11428-05-6
        S. 5792--B                          2
     1  an  or  representative  of  the  legal guardian of the victim where such
     2  guardian or representative has personal knowledge of and a  relationship
     3  with  the  victim, unless the court finds that it would be inappropriate
     4  for such person to make a statement on behalf of the victim.
     5    (b) If the defendant is being sentenced for a felony or a misdemeanor,
     6  the  court, if requested at least ten days prior to the sentencing date,
     7  shall accord the victim the right to make a statement with regard to any
     8  matter relevant to the question of sentence. The court shall notify  the
     9  defendant  no  less  than seven days prior to sentencing of the victim's
    10  intent to make a statement at sentencing.  If  the  defendant  does  not
    11  receive  timely  notice  pursuant to this subdivision, the defendant may
    12  request a reasonable adjournment.
    13    § 3. The opening paragraph of subdivision 2 of section 390.20  of  the
    14  criminal  procedure  law, as amended by chapter 413 of the laws of 1991,
    15  is amended to read as follows:
    16    Requirement for misdemeanors. Where a person is convicted of a  misde-
    17  meanor  a  pre-sentence  report  is  not required, but the court may not
    18  pronounce any of the following sentences unless it has  ordered  a  pre-
    19  sentence  investigation  of  the  defendant  and  has received a written
    20  report thereof or a pre-sentence investigation of the defendant has been
    21  requested by either the prosecutor or the defendant and  the  court  has
    22  received a written report thereof:
    23    §  4.  This  act shall take effect immediately and shall expire and be
    24  deemed repealed 2 years after such effective date.