Bill Text: NY A00037 | 2023-2024 | General Assembly | Introduced
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 10-0)
Status: (Introduced) 2024-01-03 - referred to codes [A00037 Detail]
Download: New_York-2023-A00037-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 37 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, PAULIN, SEAWRIGHT, CRUZ, SIMON, AUBRY, HYNDMAN, HEVESI, EPSTEIN -- Multi-Sponsored by -- M. of A. GLICK -- read once and referred 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 an13offense under section 230.00 of the penal law within three years prior14to the sex offense which is the subject of the prosecution; or153.] 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00013-01-3A. 37 2 1 tial to its determination, to be relevant and admissible in the inter- 2 ests of justice. 3 § 2. This act shall take effect on the first of November next succeed- 4 ing the date on which it shall have become a law.