Provides for victim statements at the sentencing of a defendant for a misdemeanor

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Republican12
• Democratic10

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Toby Ann Stavisky says this is needed

Under current law, only victims of felony Crimes have an absolute right, upon timely request, to make a victim impact statement to the court at a defendant's sentencing. This remains true even in cases involving offenses under the Vehicle and Traffic Law where a defendant causes serious physical injury to a victim and is initially charged with a felony offense but later pleads guilty to a misdemeanor offense. Under such circumstances, the victim may be prevented from addressing the court at sentencing. Such a scenario occurred in the case of Conan O'Rourke. Mr. O'Rourke suffered multiple serious injuries, including a traumatic brain injury, collapsed lung, ruptured spleen, spinal fractures, and significant head and chest trauma after a defendant driver crashed into the rear of his vehicle. The emotional and financial impact on the O'Rourke family was substantial. Mr. O'Rourke was unable to personally provide a victim impact statement. Although his daughter, Emma, sought to speak on his behalf, she was prohibited from doing so because the defendant ultimate- ly pled guilty to a misdemeanor offense. This bill addresses that gap in current law by directing courts, upon timely request, to permit victims of certain misdemeanor offenses, or an individual designated by the victim to speak on the victim's behalf, to address the court at sentencing where the defendant originally faced a felony vehicle and traffic offense that resulted in serious physical injury to the victim. Many crime victims and their families, regardless of whether the final conviction is a felony or misdemeanor, seek the opportunity to express the impact the crime has had on their lives and to be heard directly by the court prior to sentencing.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.