New York A 2138: Provides for victim statements at the sentencing of a defendant for a misdemeanor

Bill Text

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A02138 Summary:

BILL NOA02138B

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SAME ASSAME AS S00611-B

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SPONSORWoerner (MS)

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COSPNSRButtenschon, Colton, Stern, Hevesi, Jacobson, Seawright, Pheffer Amato, DeStefano, Smullen, Hawley,
 Angelino, Giglio, Brown K, Durso, Kelles, Bendett, Manktelow, Jensen, McDonald

&nbsp

MLTSPNSRSimon

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Amd §380.50, CP L

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Provides for victim statements, or statements from anyone designated by a victim to speak, at the sentencing of a defendant for certain misdemeanors.

Go to top A02138 Actions:

BILL NOA02138B

&nbsp

01/15/2025referred to codes

02/12/2025amend and recommit to codes

02/12/2025print number 2138a

01/07/2026referred to codes

05/11/2026amend and recommit to codes

05/11/2026print number 2138b

Go to topA02138 Committee&nbspVotes:

Go to topA02138 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02138 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2138--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. WOERNER, BUTTENSCHON, COLTON, STERN, HEVESI,
 JACOBSON, SEAWRIGHT, PHEFFER AMATO, DeSTEFANO, SMULLEN, HAWLEY, ANGEL-
 INO, GIGLIO, K. BROWN, DURSO, KELLES, BENDETT, MANKTELOW, JENSEN,
 McDONALD -- Multi-Sponsored by -- M. of A. SIMON -- read once and
 referred to the Committee on Codes -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee -- recommitted to the Committee on Codes in accordance with Assem-
 bly Rule 3, sec. 2 -- again amended on third reading, ordered
 reprinted, retaining its place on 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. Paragraph (b) of subdivision 2 of section 380.50 of the
 2 criminal procedure law, as added by chapter 307 of the laws of 1992, is
 3 amended to read as follows:
 4 (b) If the defendant is being sentenced for (1) a felony, or (2) a
 5 misdemeanor where a pre-sentence report is ordered pursuant to subdivi-
 6 sion two of section 390.20 of this title to which the defendant pled
 7 guilty after being charged with a felony offense pursuant to the vehi-
 8 cle and traffic law in an indictment or information in superior court
 9 where such felony offense resulted in serious physical injury to the
 10 victim, then the court, if requested at least ten days prior to the
 11 sentencing date, shall accord the victim [the right to make a statement
 12 with regard to any matter relevant to the question of sentence], or
 13 anyone designated by the victim to speak on such victim's behalf, the
 14 right to make a statement. The court shall notify the defendant no less
 15 than seven days prior to sentencing of the victim's intent to make a
 16 statement at sentencing. If the defendant does not receive timely notice
 17 pursuant to this subdivision, the defendant may request a reasonable
 18 adjournment.
 19 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01551-08-6

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