| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 12, 2025 |
referred to codes |
Senate Bill S4764
2025-2026 Legislative Session
Sponsored By
(D) 36th Senate District
Current Bill Status - In Senate Committee Codes Committee
Actions
2025-S4764 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3524
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §380.50, CP L
- Versions Introduced in Other Legislative Sessions:
-
2021-2022:
S6858
2023-2024: S2411, A10363
2025-S4764 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4764
SPONSOR: BAILEY
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to preserving
the ability to appeal a violation of a defendant's right to make a
statement personally at sentencing
PURPOSE:
To ensure that a defendant retains their right to speak to the court at
sentencing.
SUMMARY OF PROVISIONS:
The bill amends section 380.50 of the criminal procedure law to state
that a defendant may appeal a violation of his or her rights under this
subdivision despite the presence of a signed appeal waiver.
JUSTIFICATION:
2025-S4764 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4764
2025-2026 Regular Sessions
I N S E N A T E
February 12, 2025
___________
Introduced by Sen. BAILEY -- 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 preserving
the ability to appeal a violation of a defendant's right to make a
statement personally at sentencing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 380.50 of the criminal procedure
law, as amended by chapter 307 of the laws of 1992, is amended to read
as follows:
1. At the time of pronouncing sentence, the court must accord the
prosecutor an opportunity to make a statement with respect to any matter
relevant to the question of sentence. The court must then accord counsel
for the defendant an opportunity to speak on behalf of the defendant.
The defendant also has the right to make a statement personally in [his
or her] THE DEFENDANT'S own behalf, and before pronouncing sentence the
court must ask the defendant whether [he or she] THE DEFENDANT wishes to
make such a statement. A DEFENDANT MAY CHALLENGE ON APPEAL, NOTWITH-
STANDING AN OTHERWISE VALID WAIVER OF APPEAL, A VIOLATION OF THE DEFEND-
ANT'S RIGHTS UNDER THIS SUBDIVISION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07247-01-5
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