BILL NUMBER: S4628
SPONSOR: WEIK
 
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 expira-
tion 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 instru-
ment 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 Febru-
ary 2012. He suffered serious injuries as a result that included trau-
matic 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 state-
ment 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 them-
selves 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:
2023 S5313 Codes
2022 S2130 Codes
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Effective Immediately and shall expire and be deemed repealed 2 years
after such effective date.

Statutes affected:
S4628: 390.20 criminal procedure law, 390.20(2) criminal procedure law