senate Bill S8761

2021-2022 Legislative Session

Provides for victim statements at the sentencing of a defendant for a misdemeanor

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2022 referred to codes

S8761 (ACTIVE) - Details

See Assembly Version of this Bill:
A9744
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L

S8761 (ACTIVE) - Summary

Enacts Emma's Law, providing for victim statements at the sentencing of a defendant for a misdemeanor.

S8761 (ACTIVE) - Sponsor Memo

S8761 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8761
 
                             I N  S E N A T E
 
                              April 13, 2022
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 victim state-
   ments at the sentencing of a defendant for a misdemeanor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 "Emma's Law".
   § 2. Subparagraph 1 of paragraph (a) and paragraph (b) of  subdivision
 2  of  section  380.50  of the criminal procedure law, subparagraph 1 of
 paragraph (a) as amended by chapter 499 of the laws of  1993  and  para-
 graph  (b)  as  added by chapter 307 of the laws of 1992, are amended to
 read as follows:
   (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
   (b) If the defendant is being sentenced for a  felony  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 rele-
 vant to the question of  sentence.  [The]  IF  THE  DEFENDANT  IS  BEING
 SENTENCED FOR A MISDEMEANOR, IF REQUESTED AT LEAST TEN DAYS PRIOR TO THE
 SENTENCING  DATE,  THE  COURT  MAY ACCORD THE VICTIM THE RIGHT TO MAKE A
 STATEMENT WITH  REGARD  TO  ANY  MATTER  RELEVANT  TO  THE  QUESTION  OF
 SENTENCE.  IN  EITHER CASE, 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.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15161-01-2


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