senate Bill S5792B

2015-2016 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 referred to codes
returned to assembly
repassed senate
Jun 08, 2016 amended on third reading (t) 5792b
Jun 08, 2016 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
May 03, 2016 referred to codes
delivered to assembly
passed senate
Mar 30, 2016 advanced to third reading
Mar 29, 2016 2nd report cal.
Mar 28, 2016 1st report cal.502
Jan 21, 2016 print number 5792a
Jan 21, 2016 amend and recommit to codes
Jan 06, 2016 referred to codes
Jun 25, 2015 recommitted to rules
Jun 15, 2015 ordered to third reading cal.1590
committee discharged and committed to rules
Jun 03, 2015 referred to codes

Votes

view votes

Mar 28, 2016 - Codes committee Vote

S5792A
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 15, 2015 - Rules committee Vote

S5792
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5792 - Details

See Assembly Version of this Bill:
A8054B
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L

S5792 - Summary

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

S5792 - Sponsor Memo

S5792 - Bill Text download pdf

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

                                  5792

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced by Sen. MARCHIONE -- 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 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

view additional co-sponsors

S5792A - Details

See Assembly Version of this Bill:
A8054B
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L

S5792A - Summary

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

S5792A - Sponsor Memo

S5792A - Bill Text download pdf

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

                                 5792--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced by Sens. MARCHIONE, BOYLE, CROCI, LARKIN, PARKER, STAVISKY --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Codes -- recommitted to the  Committee  on  Codes  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11428-03-5

Co-Sponsors

view additional co-sponsors

S5792B (ACTIVE) - Details

See Assembly Version of this Bill:
A8054B
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L

S5792B (ACTIVE) - Summary

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

S5792B (ACTIVE) - Sponsor Memo

S5792B (ACTIVE) - Bill Text download pdf

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

                                 5792--B
    Cal. No. 502

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              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:

  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-

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

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