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 34-2)

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

Download: New_York-2023-A04992-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4992--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by M. of A. PAULIN, DINOWITZ, GUNTHER, BURDICK, RAGA, SIMON,
          GLICK, HEVESI, SHIMSKY, WALLACE, SANTABARBARA, FAHY, CURRAN, L. ROSEN-
          THAL, SEAWRIGHT, McDONALD, CONRAD, THIELE, ARDILA, KIM,  COLTON,  LEE,
          PHEFFER AMATO, SIMONE, EACHUS, ZACCARO, PRETLOW, LEVENBERG, McDONOUGH,
          HUNTER, ROZIC, BARRETT, STIRPE, CLARK, BUTTENSCHON, STERN -- 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 -- again reported from said  committee  with  amend-
          ments, 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, evidence of any other crime, wrong, or
     6  act may be admissible for any non-propensity purpose,  such  as  proving
     7  motive, opportunity, intent, preparation, plan, knowledge, state of mind
     8  of  the defendant, state of mind of the victim or other party, identity,
     9  absence of mistake, lack of accident, modus operandi, common  scheme  or
    10  plan, or any other non-propensity purpose.
    11    2. In a criminal proceeding in which a defendant is accused of a sexu-
    12  al  offense,  the  court may admit evidence that the defendant committed
    13  any other sexual offense. Such evidence may be considered on any  matter
    14  to which it is relevant.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02949-10-4
        A. 4992--B                          2

     1    3.  The  court,  in  its discretion, may exclude evidence described in
     2  this section if its probative value is  outweighed  by  the  probability
     3  that its admission will create undue prejudice to the defendant.
     4    4. For purposes of this section, "sexual offense" shall include an act
     5  committed  in  any  jurisdiction that involves conduct proscribed by any
     6  section of article one hundred thirty of the penal law,  or  by  section
     7  230.34 or 230.34-a of the penal law.
     8    § 2. This act shall take effect immediately.