Bill Text: NY A05771 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for the admission of evidence of proof of similar offenses in criminal and civil proceedings involving the commission of a sex offense; provides for procedures therefor.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in codes [A05771 Detail]

Download: New_York-2013-A05771-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5771
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2013
                                      ___________
       Introduced  by M. of A. McKEVITT, GRAF, KOLB -- Multi-Sponsored by -- M.
         of A. HAWLEY -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law and the  civil  practice  law
         and  rules,  in  relation to admission of evidence of proof of similar
         sex offenses in criminal and civil proceedings involving  the  commis-
         sion of a sex offense
         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 60.41 to read as follows:
    3  S 60.41 RULES  OF  EVIDENCE;  PROOF  OF  SIMILAR OFFENSES IN SEX OFFENSE
    4            CASES.
    5    1. IN A CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS ACCUSED OF A SEX
    6  OFFENSE, EVIDENCE THAT  THE  DEFENDANT  WAS  CONVICTED  OF  ANOTHER  SEX
    7  OFFENSE OR OFFENSES IS ADMISSIBLE, AND MAY BE CONSIDERED FOR ITS BEARING
    8  ON ANY MATTER TO WHICH IT IS RELEVANT.
    9    2. IN A CASE IN WHICH THE PROSECUTION INTENDS TO OFFER EVIDENCE PURSU-
   10  ANT  TO  THIS SECTION, THE PROSECUTOR SHALL DISCLOSE THE EVIDENCE TO THE
   11  DEFENDANT, INCLUDING  STATEMENTS  OF  WITNESSES  OR  A  SUMMARY  OF  THE
   12  SUBSTANCE  OF  ANY  TESTIMONY  THAT  IS EXPECTED TO BE OFFERED, AT LEAST
   13  FIFTEEN DAYS BEFORE THE SCHEDULED DATE OF TRIAL OR AT SUCH LATER TIME AS
   14  THE COURT MAY ALLOW FOR GOOD CAUSE.
   15    3. THIS SECTION SHALL NOT BE  CONSTRUED  TO  LIMIT  THE  ADMISSION  OR
   16  CONSIDERATION OF EVIDENCE UNDER ANY OTHER PROVISION OF LAW.
   17    4.  FOR  PURPOSES  OF  THIS SECTION, "SEX OFFENSE" MEANS A CRIME UNDER
   18  FEDERAL LAW OR THE LAW OF A STATE THAT INVOLVED:
   19    (A) ANY CONDUCT PROSCRIBED BY ARTICLE ONE HUNDRED THIRTY OF THE  PENAL
   20  LAW;
   21    (B) CONTACT, WITHOUT CONSENT, BETWEEN ANY PART OF THE DEFENDANT'S BODY
   22  OR AN OBJECT AND THE GENITALS OR ANUS OF ANOTHER PERSON;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09536-01-3
       A. 5771                             2
    1    (C)  CONTACT,  WITHOUT  CONSENT,  BETWEEN  THE GENITALS OR ANUS OF THE
    2  DEFENDANT AND ANY PART OF ANOTHER PERSON'S BODY;
    3    (D)  DERIVING  SEXUAL PLEASURE OR GRATIFICATION FROM THE INFLICTION OF
    4  DEATH, BODILY INJURY, OR PHYSICAL PAIN ON ANOTHER PERSON; OR
    5    (E) AN ATTEMPT OR CONSPIRACY TO ENGAGE IN CONDUCT DESCRIBED  IN  PARA-
    6  GRAPHS (A) THROUGH (D) OF THIS SUBDIVISION.
    7    S  2.  The  civil  practice  law  and rules is amended by adding a new
    8  section 4549 to read as follows:
    9    S 4549. PROOF OF  SIMILAR  OFFENSES  IN  CIVIL  CASES  CONCERNING  SEX
   10  OFFENSES  AND  CHILD MOLESTATION.  1. IN ANY ACTION FOR DAMAGES OR OTHER
   11  RELIEF PREDICATED ON A PARTY'S ALLEGED COMMISSION OF CONDUCT  CONSTITUT-
   12  ING A SEX OFFENSE OR CHILD MOLESTATION, EVIDENCE OF THAT PARTY'S COMMIS-
   13  SION  OF  ANOTHER  SEX OFFENSE OR CHILD MOLESTATION  SHALL BE ADMISSIBLE
   14  FOR CONSIDERATION BY THE COURT.
   15    2. A PARTY WHO INTENDS TO OFFER  EVIDENCE  UNDER  THIS  SECTION  SHALL
   16  DISCLOSE  THE  EVIDENCE  TO  THE  PARTY AGAINST WHOM IT WILL BE OFFERED,
   17  INCLUDING STATEMENTS OF WITNESSES OR A SUMMARY OF THE SUBSTANCE  OF  ANY
   18  TESTIMONY  THAT  IS EXPECTED TO BE OFFERED, AT LEAST FIFTEEN DAYS BEFORE
   19  THE SCHEDULED DATE OF TRIAL OR AT SUCH LATER TIME AS THE COURT MAY ALLOW
   20  FOR GOOD CAUSE.
   21    3. THIS SECTION SHALL NOT BE  CONSTRUED  TO  LIMIT  THE  ADMISSION  OR
   22  CONSIDERATION OF EVIDENCE UNDER ANY OTHER PROVISION OF LAW.
   23    S  3.  This  act shall take effect on the thirtieth day after it shall
   24  have become a law.