A 2138: Provides for victim statements, or statements from anyone designated by a victim to speak, at the sentencing of a defendant for certain misdemeanors.

  
  STATE OF NEW YORK ________________________________________________________________________ 2138 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 -- 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