S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2782
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of A. WOERNER, MONTESANO, BLAKE, HOOPER, COOK, RAIA,
   CROUCH -- Multi-Sponsored by --  M.  of  A.  GALEF,  MAGEE,  McKEVITT,
   THIELE -- read once and referred to the Committee on Codes
 
 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:
 
   Section 1. This act shall be known and may be cited as "Emma's Law".
   §  2. Paragraphs (a) and (b) of subdivision 2 of section 380.50 of the
 criminal procedure law, paragraph (a) as amended by chapter 499  of  the
 laws  of  1993, subparagraph 2 of paragraph (a) as separately amended by
 chapters 173 and 198 of the laws of 1996, and paragraph (b) as added  by
 chapter 307 of the laws of 1992, are amended to read as follows:
   (a) For purposes of this section "victim" shall mean:
   (1)  the  victim as indicated in the accusatory instrument OR AS INDI-
 CATED IN THE PRE-SENTENCE INVESTIGATION CONDUCTED  PURSUANT  TO  SECTION
 390.20 OF THIS TITLE; or
   (2)  if  such  victim  is  unable  or  unwilling to express himself or
 herself before the court or a person so mentally or physically  disabled
 as  to  make it impracticable to appear in court in person or the victim
 is deceased, a member of the family of such victim, or the legal guardi-
 an or representative of the legal guardian  of  the  victim  where  such
 guardian  or representative has personal knowledge of and a relationship
 with the victim, unless the court finds that it would  be  inappropriate
 for such person to make a statement on behalf of the victim.
   (b) If the defendant is being sentenced for a felony OR A MISDEMEANOR,
 the  court, if requested at least ten days prior to the sentencing date,
 shall accord the victim the right to make a statement with regard to any
 matter relevant to the question of sentence. The court shall notify  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03377-02-7

 A. 2782                             2
 
 defendant  no  less  than seven days prior to sentencing of the victim's
 intent to make a statement at sentencing.  If  the  defendant  does  not
 receive  timely  notice  pursuant to this subdivision, the defendant may
 request a reasonable adjournment.
   §  3.  The opening paragraph of subdivision 2 of section 390.20 of the
 criminal procedure law, as amended by chapter 413 of the laws  of  1991,
 is amended to read as follows:
   Requirement  for misdemeanors. Where a person is convicted of a misde-
 meanor a pre-sentence report is not required,  but  the  court  may  not
 pronounce  any  of  the following sentences unless it has ordered a pre-
 sentence investigation of the  defendant  and  has  received  a  written
 report thereof OR A PRE-SENTENCE INVESTIGATION OF THE DEFENDANT HAS BEEN
 REQUESTED  BY  EITHER  THE PROSECUTOR OR THE DEFENDANT AND THE COURT HAS
 RECEIVED A WRITTEN REPORT THEREOF:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 2 years after such effective date.