Bill Text: NY A10436 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits admission into evidence of similar crimes in sexual offense cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-24 - referred to codes [A10436 Detail]

Download: New_York-2023-A10436-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10436

                   IN ASSEMBLY

                                      May 24, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Durso) --
          read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  admitting
          evidence of similar crimes in sexual offense cases

          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; similar crimes in sexual offense cases.
     4    1. In a criminal proceeding in which a defendant is accused of a sexu-
     5  al  offense,  the  court may admit evidence that the defendant committed
     6  any other sexual  offense  in  accordance  with  the  federal  rules  of
     7  evidence  under 28 USC 413. The evidence may be considered on any matter
     8  to which it is relevant to the defendant's motive, intent to commit  the
     9  crime,  the  absence  of  mistake  or  accident, a common scheme or plan
    10  embracing the commission of two or more crimes so related to each  other
    11  that  the  proof of one tends to establish the others or the identity of
    12  the person charged with the commission of the crime  on  trial.  Upon  a
    13  determination  that  such evidence is relevant, the court must then find
    14  that its probative value outweighs the prejudicial effect on the defend-
    15  ant.
    16    2. If the prosecutor intends to offer  the  evidence  permitted  under
    17  this  section, the prosecutor must disclose it to the defendant, includ-
    18  ing witnesses' statements or a summary of the  expected  testimony.  The
    19  prosecutor  must  do so at least fifteen days before trial or at a later
    20  time that the court allows for good cause.
    21    3. This section does not  limit  the  admission  or  consideration  of
    22  evidence under any other rule.
    23    4.  For purposes of this section "sexual offense" means any conduct or
    24  attempted conduct committed in any jurisdiction which is  prohibited  by
    25  articles  one  hundred  thirty  and two hundred sixty-three and sections
    26  230.34 and 230.34-a of the penal law.
    27    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    28  have become a law and shall apply to all cases pending on and after such
    29  date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15484-02-4