Bill Text: NY S09445 | 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 8-0)

Status: (Introduced) 2024-05-15 - REFERRED TO CODES [S09445 Detail]

Download: New_York-2023-S09445-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9445

                    IN SENATE

                                      May 15, 2024
                                       ___________

        Introduced  by  Sens.  PALUMBO,  CANZONERI-FITZPATRICK,  LANZA, MARTINS,
          O'MARA, RHOADS -- 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 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