Senate Bill S4628

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4628
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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] THEMSELF 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
 guardian 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08608-01-5
              

 S. 4628                             2
 
 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.  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:
   Where  a person is convicted of a misdemeanor 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 PROSECU-
 TOR  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.