STATE OF NEW YORK
________________________________________________________________________
5792--B
Cal. No. 502
2015-2016 Regular Sessions
IN SENATE
June 3, 2015
___________
Introduced by Sens. MARCHIONE, BOYLE, CROCI, FUNKE, GALLIVAN, LARKIN,
O'MARA, PARKER, RANZENHOFER, RITCHIE, ROBACH, SEWARD, STAVISKY -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
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 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11428-05-6
S. 5792--B 2
1 an or representative of the legal guardian of the victim where such
2 guardian or representative has personal knowledge of and a relationship
3 with the victim, unless the court finds that it would be inappropriate
4 for such person to make a statement on behalf of the victim.
5 (b) If the defendant is being sentenced for a felony or a misdemeanor,
6 the court, if requested at least ten days prior to the sentencing date,
7 shall accord the victim the right to make a statement with regard to any
8 matter relevant to the question of sentence. The court shall notify the
9 defendant no less than seven days prior to sentencing of the victim's
10 intent to make a statement at sentencing. If the defendant does not
11 receive timely notice pursuant to this subdivision, the defendant may
12 request a reasonable adjournment.
13 § 3. The opening paragraph of subdivision 2 of section 390.20 of the
14 criminal procedure law, as amended by chapter 413 of the laws of 1991,
15 is amended to read as follows:
16 Requirement for misdemeanors. Where a person is convicted of a misde-
17 meanor a pre-sentence report is not required, but the court may not
18 pronounce any of the following sentences unless it has ordered a pre-
19 sentence investigation of the defendant and has received a written
20 report thereof or a pre-sentence investigation of the defendant has been
21 requested by either the prosecutor or the defendant and the court has
22 received a written report thereof:
23 § 4. This act shall take effect immediately and shall expire and be
24 deemed repealed 2 years after such effective date.
