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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 34-2)

Status: (Introduced) 2024-06-03 - print number 4992b [A04992 Detail]

Download: New_York-2023-A04992-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4992

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes

        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 a prior
     4            sexual assault in a sexual assault case.
     5    1. In a criminal proceeding in which a defendant is accused of a sexu-
     6  al  assault,  the  court may admit evidence that the defendant committed
     7  any other sexual assault. Such evidence may be considered on any  matter
     8  to which it is relevant.
     9    2.  If  the  prosecutor  intends  to offer evidence that the defendant
    10  committed any other sexual assault, the  prosecutor must disclose it  to
    11  the  defendant,  including  witnesses'  statements  or  a summary of the
    12  expected testimony. The prosecutor must   do so at  least  fifteen  days
    13  before trial or at a later time that the court  allows for good cause.
    14    3.  For  purposes  of this section, "sexual assault" shall include any
    15  offense defined in article one hundred thirty of the penal law.
    16    § 2. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02949-01-3