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 |
Senate Bill S5792B
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R) Senate District
(R) Senate District
(R, C) Senate District
(D, WF) 21st Senate District
2015-S5792 - Details
2015-S5792 - Sponsor Memo
BILL NUMBER:S5792 TITLE OF BILL: 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 PURPOSE: Enacts "Emma's Law" to allow victims of misdemeanor crimes to make a statement with regard to any matter relevant to the question of sentence. SUMMARY OF PROVISIONS: Section 1: Provides that the law shall be called "Emma's law." Section 2: Amends paragraph (b) of subdivision 2 of section 380.50 of the criminal procedure law, as added by chapter 307 of the laws of 1992 allowing the victim of a misdemeanor crime the right to make a statement with regard to any matter relevant to the question of sentence. Section 3: Effective date.
2015-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
(R) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
2015-S5792A - Details
2015-S5792A - Sponsor Memo
BILL NUMBER: S5792A TITLE OF BILL : 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 PURPOSE : Enacts "Emma's Law" to allow victims of misdemeanor crimes to make a statement with regard to any matter relevant to the question of sentence. SUMMARY OF PROVISIONS : Section 1: Provides that the law shall be called "Emma's Law." Section 2: Amends paragraph (b) of subdivision 2 of section 380.50 of the criminal procedure law, as added by chapter 307 of the laws of 1992 allowing the victim of a misdemeanor crime the right to make a statement with regard to any matter relevant to the question of sentence. The bill defines a victim as either someone indicated in the accusatory instrument or in the presentence investigation conducted pursuant to Section 390.20 of the Criminal Procedure Law.
2015-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
(R) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
2015-S5792B (ACTIVE) - Details
2015-S5792B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5792B TITLE OF BILL : 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 expiration thereof PURPOSE : Enacts "Emma's Law" to allow victims of misdemeanor crimes to make a statement with regard to any matter relevant to the question of sentence. SUMMARY OF PROVISIONS : Section 1: Provides that the law shall be called "Emma's law." Section 2: Amends paragraph (b) of subdivision 2 of section 380.50 of the criminal procedure law, as added by chapter 307 of the laws of 1992 allowing the victim of a misdemeanor crime the right to make a statement with regard to any matter relevant to the question of sentence. The bill defines a victim as either someone indicated in the accusatory instrument or in the presentence investigation conducted pursuant to Section 390.20 of the Criminal Procedure Law. Section 3: Subdivision 2 of Section 390.20 of the Criminal Procedure
2015-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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