New York Senate Bill S05313 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5313 2023-2024 Regular Sessions  IN SENATE March 1, 2023 ___________ 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: 1 Section 1. This act shall be known and may be cited as "Emma's Law". 2 § 2. Paragraphs (a) and (b) of subdivision 2 of section 380.50 of the 3 criminal procedure law, paragraph (a) as amended by chapter 499 of the 4 laws of 1993, subparagraph 2 of paragraph (a) as separately amended by 5 chapters 173 and 198 of the laws of 1996, and paragraph (b) as added by 6 chapter 307 of the laws of 1992, are amended to read as follows: 7 (a) For purposes of this section "victim" shall mean: 8 (1) the victim as indicated in the accusatory instrument or as indi- 9 cated in the pre-sentence investigation conducted pursuant to section 10 390.20 of this title; or 11 (2) if such victim is unable or unwilling to express himself or 12 herself before the court or a person so mentally or physically disabled 13 as to make it impracticable to appear in court in person or the victim 14 is deceased, a member of the family of such victim, or the legal guardi- 15 an or representative of the legal guardian of the victim where such 16 guardian or representative has personal knowledge of and a relationship 17 with the victim, unless the court finds that it would be inappropriate 18 for such person to make a statement on behalf of the victim. 19 (b) If the defendant is being sentenced for a felony or a misdemeanor, 20 the court, if requested at least ten days prior to the sentencing date, 21 shall accord the victim the right to make a statement with regard to any 22 matter relevant to the question of sentence. The court shall notify the 23 defendant no less than seven days prior to sentencing of the victim's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09223-01-3 
 S. 5313 2 1 intent to make a statement at sentencing. If the defendant does not 2 receive timely notice pursuant to this subdivision, the defendant may 3 request a reasonable adjournment. 4 § 3. The opening paragraph of subdivision 2 of section 390.20 of the 5 criminal procedure law, as amended by chapter 413 of the laws of 1991, 6 is amended to read as follows: 7 Where a person is convicted of a misdemeanor a pre-sentence report is 8 not required, but the court may not pronounce any of the following 9 sentences unless it has ordered a pre-sentence investigation of the 10 defendant and has received a written report thereof or a pre-sentence 11 investigation of the defendant has been requested by either the prosecu- 12 tor or the defendant and the court has received a written report 13 thereof: 14 § 4. This act shall take effect immediately and shall expire and be 15 deemed repealed 2 years after such effective date.