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S T A T E O F N E W Y O R K
________________________________________________________________________
2138
2025-2026 Regular Sessions
I N A S S E M B L Y
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 --
Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the
Committee on Codes
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 TO WHICH THE DEFENDANT PLED GUILTY AFTER BEING
6 CHARGED WITH A FELONY OFFENSE PURSUANT TO THE VEHICLE AND TRAFFIC LAW IN
7 AN INDICTMENT OR INFORMATION IN SUPERIOR COURT WHERE SUCH FELONY OFFENSE
8 RESULTED IN SERIOUS PHYSICAL INJURY TO THE VICTIM, THEN the court, if
9 requested at least ten days prior to the sentencing date, shall accord
10 the victim the right to make a statement with regard to any matter rele-
11 vant to the question of sentence. The court shall notify the defendant
12 no less than seven days prior to sentencing of the victim's intent to
13 make a statement at sentencing. If the defendant does not receive timely
14 notice pursuant to this subdivision, the defendant may request a reason-
15 able adjournment.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01551-02-5