Assembly Bill A3099A

2023-2024 Legislative Session

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

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Sponsored By

Current 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

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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A3099 - Details

See Senate Version of this Bill:
S1901
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in 2021-2022 Legislative Session:
A9744, S8761

2023-A3099 - Summary

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

2023-A3099 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3099
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER, BUTTENSCHON, THIELE, COLTON, STERN,
   HEVESI, JACOBSON, SEAWRIGHT, PHEFFER AMATO, SILLITTI, DeSTEFANO, SMUL-
   LEN, HAWLEY,  ANGELINO,  J. A. GIGLIO,  K. BROWN,  DURSO,  GOODELL  --
   Multi-Sponsored  by -- M. of A. SIMON -- read once and referred 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.

co-Sponsors

multi-Sponsors

2023-A3099A (ACTIVE) - Details

See Senate Version of this Bill:
S1901
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in 2021-2022 Legislative Session:
A9744, S8761

2023-A3099A (ACTIVE) - Summary

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

2023-A3099A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3099--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER, BUTTENSCHON, THIELE, COLTON, STERN,
   HEVESI, JACOBSON, SEAWRIGHT, PHEFFER AMATO, SILLITTI, DeSTEFANO, SMUL-
   LEN, HAWLEY, ANGELINO, J. A. GIGLIO, K. BROWN, DURSO,  GOODELL,  McDO-
   NALD,  KELLES,  BENDETT,  MANKTELOW  -- Multi-Sponsored by -- M. of A.
   SIMON -- read once and referred to the Committee on Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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. 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 (1) a  felony,  OR  (2)  A
 MISDEMEANOR  TO    WHICH   THE   DEFENDANT PLED   GUILTY   AFTER   BEING
 CHARGED WITH A FELONY OFFENSE IN AN INDICTMENT OR INFORMATION IN SUPERI-
 OR COURT WHERE SUCH FELONY OFFENSE RESULTED IN SERIOUS  PHYSICAL  INJURY
 TO  THE  VICTIM, THEN the court, if requested at least ten days prior to
 the sentencing date, shall accord the victim the right to make a  state-
 ment 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 subdivi-
 sion, 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.
                                                            LBD05831-02-3

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