Senate Bill S196A

2017-2018 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 - In Senate Committee Codes 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

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Votes

Bill Amendments

co-Sponsors

2017-S196 - Details

See Assembly Version of this Bill:
A2782
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5792, A8054
2019-2020: S4395
2021-2022: S2130
2023-2024: S5313

2017-S196 - Summary

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

2017-S196 - Sponsor Memo

2017-S196 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    196
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MARCHIONE, BOYLE, CROCI, FUNKE, GALLIVAN, LARKIN,
   O'MARA, RANZENHOFER, RITCHIE, ROBACH, SEWARD -- 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; 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 amended
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-S196A (ACTIVE) - Details

See Assembly Version of this Bill:
A2782
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.50 & 390.20, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5792, A8054
2019-2020: S4395
2021-2022: S2130
2023-2024: S5313

2017-S196A (ACTIVE) - Summary

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

2017-S196A (ACTIVE) - Sponsor Memo

2017-S196A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  196--A
     Cal. No. 63
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MARCHIONE, AKSHAR, BOYLE, CROCI, FUNKE, GALLIVAN,
   HELMING, LARKIN, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SEWARD --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes -- 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".
   § 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
 
              

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