S1901

The New York State Senate voted to reconsider passage of Senate Print 1901, a bill to amend the Criminal Procedure Law, by a vote of 61 ayes. The motion to reconsider, offered by Sen. Gianaris, restored the bill to the Third Reading Calendar. Sen. Gianaris subsequently offered amendments to the legislation, which were received by the chamber. The bill retained its place on the Third Reading Calendar pending further action. The specific details of the amendments were not disclosed during the floor session.

The New York State Senate passed S1901, known as Emma's Law, on a roll call vote of 58-0. The bill, sponsored by Sen. Stavisky, amends the Criminal Procedure Law to allow crime victims to make impact statements at sentencing regardless of whether the defendant is convicted of a felony or misdemeanor. Currently, victim impact statements are permitted only in felony cases. The legislation is named after Emma Grace O'Rourke, who at age 11 was denied the opportunity to address the court at sentencing after her father was struck by a hit-and-run driver whose case was plea-bargained down to a misdemeanor. Sen. Stavisky argued that victims of misdemeanor crimes experience the same traumatic consequences and deserve the same opportunity for closure as victims of felonies. The bill takes effect immediately upon enactment.