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Assembly Bill A3034

2009-2010 Legislative Session

Allows the victim of a misdemeanor the right to make a statement relevant to sentencing

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Archive: Last Bill Status - In Assembly Committee

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2009-A3034 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง380.40 & 380.50, CP L

2009-A3034 (ACTIVE) - Summary

Allows the victim of a misdemeanor the right to make a statement relevant to sentencing.

2009-A3034 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3034

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A.  CHRISTENSEN -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to statements at
  sentencing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 380.40 of the criminal procedure
law is amended to read as follows:
  2.  Exception.  Where sentence is to be pronounced for  a  misdemeanor
or  for  a  petty offense, the court may, on motion of the defendant AND
WHEN THE VICTIM HAS NOT REQUESTED TO MAKE A  STATEMENT  AS  PROVIDED  IN
SECTION  380.50  OF THIS ARTICLE, dispense with the requirement that the
defendant be personally present.  Any such motion must be accompanied by
a waiver, signed and acknowledged by the defendant, reciting the maximum
sentence that may be imposed  for  the  offense  and  stating  that  the
defendant waives the right to be personally present at the time sentence
is pronounced.
  S  2. Paragraph (b) of subdivision 2 of section 380.50 of the criminal
procedure law, as added by chapter 307 of the laws of 1992,  is  amended
to read as follows:
  (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
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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05518-01-9

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