Bill > S04628

This bill, known as "Emma's Law," amends the New York criminal procedure law to expand victims' rights by allowing victims of misdemeanors to make statements during the sentencing of the defendant. Specifically, the bill broadens the definition of "victim" to include individuals identified in the accusatory instrument or pre-sentence investigation, and allows victims or their representatives to make a statement if the victim is unable to do so personally. The bill requires that if a defendant is being sentenced for a misdemeanor, the victim can make a statement about the sentencing if they request to do so at least ten days prior to the sentencing date. The court must notify the defendant at least seven days before sentencing of the victim's intent to make a statement, and the defendant may request an adjournment if they do not receive timely notice. Additionally, the bill provides that for misdemeanor cases, a pre-sentence investigation report may be requested by either the prosecutor or the defendant. The legislation is temporary, set to expire and be deemed repealed two years after its effective date, which is immediate upon enactment.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S4628