Bill Text: NY S08761 | 2021-2022 | General Assembly | Introduced
Bill Title: Enacts Emma's Law, providing for victim statements at the sentencing of a defendant for a misdemeanor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-13 - REFERRED TO CODES [S08761 Detail]
Download: New_York-2021-S08761-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8761 IN SENATE April 13, 2022 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed 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. LBD15161-01-2