Bill Text: NY S06394 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes from admissibility evidence that proves or tends to prove that a victim has been convicted of a prostitution offense within three years prior to the sex offense which is the subject of the prosecution.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S06394 Detail]

Download: New_York-2023-S06394-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6394

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 18, 2023
                                       ___________

        Introduced  by Sens. PARKER, GOUNARDES, KRUEGER, RIVERA, SALAZAR, STAVI-
          SKY -- read twice and ordered printed, and when printed to be  commit-
          ted to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to admissibility
          of a victim's sexual conduct in a sex offense

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

     1    Section 1. Section 60.42 of the criminal procedure law, as amended  by
     2  section  1  of  part  R of chapter 55 of the laws of 2019, is amended to
     3  read as follows:
     4  § 60.42 Rules of evidence; admissibility of evidence of victim's  sexual
     5            conduct in sex offense cases.
     6    Evidence  of  a  victim's  sexual conduct shall not be admissible in a
     7  prosecution for an offense or an attempt to commit an offense defined in
     8  article one hundred thirty or in section 230.34 of the penal law  unless
     9  such evidence:
    10    1.  proves  or tends to prove specific instances of the victim's prior
    11  sexual conduct with the accused; or
    12    2. [proves or tends to prove that the victim has been convicted of  an
    13  offense  under  section 230.00 of the penal law within three years prior
    14  to the sex offense which is the subject of the prosecution; or
    15    3.] rebuts evidence introduced by the people of the  victim's  failure
    16  to  engage  in  sexual  intercourse,  oral  sexual  conduct, anal sexual
    17  conduct or sexual contact during a given period of time; or
    18    [4.] 3. rebuts evidence introduced by the people which proves or tends
    19  to prove that the accused is the cause of pregnancy or  disease  of  the
    20  victim, or the source of semen found in the victim; or
    21    [5.]  4.  is  determined  by  the court after an offer of proof by the
    22  accused outside the hearing of the jury, or such hearing  as  the  court
    23  may require, and a statement by the court of its findings of fact essen-
    24  tial  to  its determination, to be relevant and admissible in the inter-
    25  ests of justice.
    26    § 2. This act shall take effect on the first of November next succeed-
    27  ing the date on which it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00013-01-3