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Assembly Bill A8054B

2015-2016 Legislative Session

Enables the victim of a misdemeanor to make a statement at the sentencing of the defendant

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A8054 - Details

See Senate Version of this Bill:
S5792
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2782, S196
2019-2020: S4395
2021-2022: S2130
2023-2024: S5313
2025-2026: S4628

2015-A8054 - Summary

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

2015-A8054 - Bill Text download pdf 

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

                                  8054

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
  tee 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

  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".
  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 immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11428-02-5

co-Sponsors

multi-Sponsors

2015-A8054A - Details

See Senate Version of this Bill:
S5792
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2782, S196
2019-2020: S4395
2021-2022: S2130
2023-2024: S5313
2025-2026: S4628

2015-A8054A - Summary

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

2015-A8054A - Bill Text download pdf 

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

                                 8054--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
  tee on Codes -- recommitted to the Committee on  Codes  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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

  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".
  S  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.
                                                           LBD11428-04-5

co-Sponsors

multi-Sponsors

2015-A8054B (ACTIVE) - Details

See Senate Version of this Bill:
S5792
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2782, S196
2019-2020: S4395
2021-2022: S2130
2023-2024: S5313
2025-2026: S4628

2015-A8054B (ACTIVE) - Summary

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

2015-A8054B (ACTIVE) - Bill Text download pdf 

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

                                 8054--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M. of A. WOERNER, NOJAY, MONTESANO -- Multi-Sponsored by
  -- M. of A.  McKEVITT, THIELE -- read once and referred to the Commit-
  tee on Codes -- recommitted to the Committee on  Codes  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

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".
  S 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11428-06-6

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