Bill Text: NY S04822 | 2019-2020 | 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 - Dead) 2020-01-08 - REFERRED TO CODES [S04822 Detail]

Download: New_York-2019-S04822-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4822
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 26, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed 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 added by
     2  chapter 230 of the laws of 1975 and subdivision 3 as amended by  chapter
     3  264 of the laws of 2003, is amended to 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 of the penal law unless such evidence:
     9    1.  proves  or tends to prove specific instances of the victim's prior
    10  sexual conduct with the accused; or
    11    2. [proves or tends to prove that the victim has been convicted of  an
    12  offense  under  section 230.00 of the penal law within three years prior
    13  to the sex offense which is the subject of the prosecution; or
    14    3.] rebuts evidence introduced by the people of the  victim's  failure
    15  to  engage  in  sexual  intercourse,  oral  sexual  conduct, anal sexual
    16  conduct or sexual contact during a given period of time; or
    17    [4.] 3. rebuts evidence introduced by the people which proves or tends
    18  to prove that the accused is the cause of pregnancy or  disease  of  the
    19  victim, or the source of semen found in the victim; or
    20    [5.]  4.  is  determined  by  the court after an offer of proof by the
    21  accused outside the hearing of the jury, or such hearing  as  the  court
    22  may require, and a statement by the court of its findings of fact essen-
    23  tial  to  its determination, to be relevant and admissible in the inter-
    24  ests of justice.
    25    § 2. This act shall take effect on the first of November next succeed-
    26  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.
                                                                   LBD01388-01-9