Senate Bill S4395

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4395
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen.  JORDAN -- 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 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
 defendant no less than seven days prior to sentencing  of  the  victim's
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08924-01-9

 S. 4395                             2
 
 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.
   §  3.  The opening paragraph of subdivision 2 of section 390.20 of the
 criminal procedure law, as amended by chapter 413 of the laws  of  1991,
 is amended to read as follows:
   Requirement  for misdemeanors. Where a person is convicted of a misde-
 meanor a pre-sentence report is not required,  but  the  court  may  not
 pronounce  any  of  the following sentences unless it has ordered a pre-
 sentence investigation of the  defendant  and  has  received  a  written
 report thereof OR A PRE-SENTENCE INVESTIGATION OF THE DEFENDANT HAS BEEN
 REQUESTED  BY  EITHER  THE PROSECUTOR OR THE DEFENDANT AND THE COURT HAS
 RECEIVED A WRITTEN REPORT THEREOF:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 2 years after such effective date.