| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 30, 2023 | referred to codes returned to assembly repassed senate |
| May 17, 2023 | amended on third reading 1901a |
| May 17, 2023 | vote reconsidered - restored to third reading returned to senate recalled from assembly |
| May 09, 2023 | referred to codes delivered to assembly passed senate |
| Mar 16, 2023 | advanced to third reading |
| Mar 15, 2023 | 2nd report cal. |
| Mar 13, 2023 | 1st report cal.465 |
| Jan 17, 2023 | referred to codes |
senate Bill S1901A
2023-2024 Legislative Session
Sponsored By
Toby Ann Stavisky
(D) 11th Senate District
Current Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
Rob Rolison
(R) 39th Senate District
S1901 - Details
S1901 - Sponsor Memo
BILL NUMBER: S1901 SPONSOR: STAVISKY TITLE OF BILL: An act to amend the criminal procedure law, in relation to victim state- ments at the sentencing of a defendant for a misdemeanor PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to permit victims of misdemeanor crimes to request to make a statement at the sentencing of the defendant and to afford the court discretion to accept such request. SUMMARY OF SPECIFIC PROVISIONS: Section 1. Provides the short title as "Emma's Law". Section 2. Amends subparagraph (a) of subsection 2 of section 380.50 of the criminal procedure law to expand the definition of "victim" to include persons identified in pre-sentence investigations; and amends subparagraph (b) of subsection 2 to permit a court, upon timely request
S1901 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1901
2023-2024 Regular Sessions
I N S E N A T E
January 17, 2023
___________
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.
LBD05831-01-3
Co-Sponsors
Rob Rolison
(R) 39th Senate District
S1901A (ACTIVE) - Details
S1901A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1901A SPONSOR: STAVISKY TITLE OF BILL: An act to amend the criminal procedure law, in relation to victim state- ments at the sentencing of a defendant for a misdemeanor PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow victims of certain misdemeanor crimes to request to make a statement at the sentencing of the defendant and to direct the court to accept such request. SUMMARY OF PROVISIONS: Section one provides the short title as "Emma's Law". Section two amends subparagraph b of subsection 2 of section 380.50 of the criminal proce- dure law to direct a court, upon timely request by the victim, to allow victims of misdemeanor crimes to make a statement at the sentencing of the defendant where the defendant pled down from a felony charge and the felony offense resulted in serious physical injury to the victim.
S1901A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1901--A
Cal. No. 465
2023-2024 Regular Sessions
I N S E N A T E
January 17, 2023
___________
Introduced by Sens. STAVISKY, ROLISON -- 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 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.
LBD05831-03-3
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