Bill Text: NY A04992 | 2023-2024 | General Assembly | Amended

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Bill Title: Allows evidence of a defendant's prior sexual offense to be admissible in a sexual assault proceeding.

Spectrum: Strong Partisan Bill (Democrat 36-2)

Status: (Introduced) 2024-05-09 - print number 4992a [A04992 Detail]

Download: New_York-2023-A04992-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4992--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by M. of A. PAULIN, DINOWITZ, GUNTHER, BURDICK, RAGA, SIMON,
          GLICK, HEVESI, SHIMSKY, WALLACE, LUNSFORD, SANTABARBARA, FAHY,  CURRAN
          --  read once and referred to the Committee on Codes -- recommitted to
          the Committee on Codes in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the criminal procedure  law,  in  relation  to  allowing
          evidence  of  a defendant's prior sexual assault to be admissible in a
          sexual assault proceeding

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 60.77 to read as follows:
     3  § 60.77 Rules of evidence; admissibility of defendant committing another
     4            sexual offense in a sexual offense case.
     5    1. In a criminal proceeding in which a defendant is accused of a sexu-
     6  al offense, the court may admit evidence that  the  defendant  committed
     7  any  other sexual offense. Such evidence may be considered on any matter
     8  to which it is relevant, including to prove that the defendant acted  in
     9  conformity  therewith  or had a propensity to engage in similar wrongful
    10  acts.
    11    2. The court, in its discretion, may  exclude  such  evidence  if  its
    12  probative value is outweighed by the probability that its admission will
    13  create undue prejudice to the defendant.
    14    3. For purposes of this section, "sexual offense" shall include an act
    15  committed  in  any  jurisdiction that involves conduct proscribed by any
    16  section of article one hundred thirty of the penal law,  or  by  section
    17  230.34 or 230.34-a of the penal law.
    18    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02949-09-4