STATE OF NEW YORK
________________________________________________________________________
8761
IN SENATE
April 13, 2022
___________
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Emma's Law".
3 § 2. Subparagraph 1 of paragraph (a) and paragraph (b) of subdivision
4 2 of section 380.50 of the criminal procedure law, subparagraph 1 of
5 paragraph (a) as amended by chapter 499 of the laws of 1993 and para-
6 graph (b) as added by chapter 307 of the laws of 1992, are amended to
7 read as follows:
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 (b) If the defendant is being sentenced for a felony the court, if
12 requested at least ten days prior to the sentencing date, shall accord
13 the victim the right to make a statement with regard to any matter rele-
14 vant to the question of sentence. [The] If the defendant is being
15 sentenced for a misdemeanor, if requested at least ten days prior to the
16 sentencing date, the court may accord the victim the right to make a
17 statement with regard to any matter relevant to the question of
18 sentence. In either case, the court shall notify the defendant no less
19 than seven days prior to sentencing of the victim's intent to make a
20 statement at sentencing. If the defendant does not receive timely notice
21 pursuant to this subdivision, the defendant may request a reasonable
22 adjournment.
23 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15161-01-2
