STATE OF NEW YORK
________________________________________________________________________
1901--A
Cal. No. 465
2023-2024 Regular Sessions
IN SENATE
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Emma's Law".
3 § 2. Paragraph (b) of subdivision 2 of section 380.50 of the criminal
4 procedure law, as added by chapter 307 of the laws of 1992, is amended
5 to read as follows:
6 (b) If the defendant is being sentenced for (1) a felony, or (2) a
7 misdemeanor to which the defendant pled guilty after being
8 charged with a felony offense in an indictment or information in superi-
9 or court where such felony offense resulted in serious physical injury
10 to the victim, then the court, if requested at least ten days prior to
11 the sentencing date, shall accord the victim the right to make a state-
12 ment with regard to any matter relevant to the question of sentence. The
13 court shall notify the defendant no less than seven days prior to
14 sentencing of the victim's intent to make a statement at sentencing. If
15 the defendant does not receive timely notice pursuant to this subdivi-
16 sion, the defendant may request a reasonable adjournment.
17 § 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
