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

12 Co-sponsors

• Phil Boyle
• Thomas Croci
• Rich Funke
• Patrick M. Gallivan
• William J. Larkin Jr.
• Thomas F. O'Mara
• Kevin S. Parker
• Michael H. Ranzenhofer
• Patty Ritchie
• Joseph E. Robach
• James L. Seward
• Toby Ann Stavisky

Title of bill

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 expiration thereof

Purpose

Enacts "Emma's Law" to allow victims of misdemeanor crimes to make a statement with regard to any matter relevant to the question of sentence.

Summary of provisions

Section 1: Provides that the law shall be called "Emma's law."

Section 2: Amends paragraph (b) of subdivision 2 of section 380.50 of the criminal procedure law, as added by chapter 307 of the laws of 1992 allowing the victim of a misdemeanor crime the right to make a statement with regard to any matter relevant to the question of sentence. The bill defines a victim as either someone indicated in the accusatory instrument or in the presentence investigation conducted pursuant to Section 390.20 of the Criminal Procedure Law.

Section 3: Subdivision 2 of Section 390.20 of the Criminal Procedure Law as amended by Ch. 413 of the laws of 1991, is amended to allow a pre-sentence investigation of the defendant if a pre-sentencing report is requested by either the prosecutor or defendant and the Court has received a written report.

Section 4: Effective date.

Existing law

Currently, only victims of felonies are afforded the opportunity to make a statement at sentencing in court.

Justification

This legislation is named for Emma Grace O'Rourke who was not afforded the opportunity to speak at the sentencing of the defendant who injured her father, Conan, after his vehicle was hit by the defendant in February 2012. He suffered serious injuries as a result that included traumatic brain injury, a collapsed lung, a ruptured spleen and many broken bones including several spinal fractures and head and chest trauma. This tragedy has taken an unimaginable emotional and financial toll on the entire family. Emma, who was 11 years old at the time of the sentencing, wanted to address the court to express how this tragedy has affected her and the rest of her family. However, since the driver that hit Mr. O'Rourke pleaded guilty to a misdemeanor charge of reckless driving and not a felony, she could not address the Court. Under current law, only victims of felony crimes are afforded the opportunity to make a statement before the Judge with regard to the question of sentencing. Many crime victims, whether victimized by a defendant who committed a felony or misdemeanor, feel violated, desire justice and want to express themselves directly before the Judge prior to sentencing. This bill gives victims of certain misdemeanor crimes the opportunity to be heard if requested by the prosecutor or defendant.

Legislative history

New bill

Fiscal implications

None

Effective date

Effective Immediately and shall expire and be deemed repealed 2 years after such effective date.