New York S 4628: Prohibits banking organizations from issuing mail-loan checks without request or application therefor

Status: REFERRED TO BANKS (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: S 4628

Sponsors: SANDERS

Bill Text

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S04628 Summary:

BILL NOS04628 

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SAME ASNo Same As

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SPONSORWEIK

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COSPNSR

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MLTSPNSR

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Amd §§380.50 & 390.20, CP L

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Enables the victim of a misdemeanor to make a statement at the sentencing of the defendant.

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BILL NOS04628 

&nbsp

02/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

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

Go to topS04628 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4628

 2025-2026 Regular Sessions

 IN SENATE

 February 10, 2025
 ___________

 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] themself before the court or a person so mentally or physically
 13 disabled as to make it impracticable to appear in court in person or the
 14 victim is deceased, a member of the family of such victim, or the legal
 15 guardian or representative of the legal guardian of the victim where
 16 such guardian or representative has personal knowledge of and a
 17 relationship with the victim, unless the court finds that it would be
 18 inappropriate for such person to make a statement on behalf of the
 19 victim.
 20 (b) If the defendant is being sentenced for a felony or a misdemeanor,
 21 the court, if requested at least ten days prior to the sentencing date,
 22 shall accord the victim the right to make a statement with regard to any
 23 matter relevant to the question of sentence. The court shall notify the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08608-01-5

 S. 4628 2

 1 defendant no less than seven days prior to sentencing of the victim's
 2 intent to make a statement at sentencing. If the defendant does not
 3 receive timely notice pursuant to this subdivision, the defendant may
 4 request a reasonable adjournment.
 5 § 3. The opening paragraph of subdivision 2 of section 390.20 of the
 6 criminal procedure law, as amended by chapter 413 of the laws of 1991,
 7 is amended to read as follows:
 8 Where a person is convicted of a misdemeanor a pre-sentence report is
 9 not required, but the court may not pronounce any of the following
 10 sentences unless it has ordered a pre-sentence investigation of the
 11 defendant and has received a written report thereof or a pre-sentence
 12 investigation of the defendant has been requested by either the prosecu-
 13 tor or the defendant and the court has received a written report
 14 thereof:
 15 § 4. This act shall take effect immediately and shall expire and be
 16 deemed repealed 2 years after such effective date.

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