Bill > A02138

This bill amends the New York Criminal Procedure Law to expand the rights of victims to make statements during sentencing. Specifically, the bill allows victims to provide statements not only during sentencing for felonies, but also during sentencing for certain misdemeanors. These misdemeanors are specifically those where a pre-sentence report is ordered and the defendant pled guilty to a misdemeanor after originally being charged with a felony offense related to vehicle and traffic law that resulted in serious physical injury to the victim. To make a statement, the victim must request to do so at least ten days before the sentencing date. The court is then required to notify the defendant at least seven days prior to sentencing about the victim's intent to make a statement. If the defendant does not receive timely notice, they may request a reasonable postponement of the sentencing. This change aims to provide victims with a more comprehensive opportunity to share their experiences and perspectives during the sentencing process, even in cases involving misdemeanor charges.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A2138