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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A104
SPONSOR: Rosenthal (MS) TITLE OF BILL:
An act to amend the criminal procedure law, in relation to admissibility
of a victim's sexual conduct in a sex offense
PURPOSE:
This bill includes sex workers under the rape shield law when they
become victims of a sexual assault.
SUMMMARY OF SPECIFIC PROVISIONS:
Section one amends Section 60.42 of the criminal procedure law.
Section two sets forth the effective date.
JUSTIFICATION:
Under current New York State Penal Law, individuals lose the protections
ordinarily afforded by the Rape Shield Law if they have been convicted
of prostitution within the last three years. The Rape Shield Law bars
the introduction of reputation evidence about the sexual history and
conduct of a victim of sexual assault, but it is not currently applica-
ble for individuals convicted of prostitution within the last three
years. This bill asserts that sex workers can also be victims of sexual
crimes and therefore should be afforded the protections granted under
the Rape Shield Law.
LEGISLATIVE HISTORY:
2023-24: A.37 - Referred to Codes; S.6394 - Referred to Codes
2021-22: A.165 - Referred to Codes; S.5272 - Referred to Codes
2019-20: A.281 - Referred to Codes; S.4822 - Referred to Codes
2017-18: A.2240 - Referred to Codes; S.3633 - Referred to Codes
2015-16: A.541- Referred to Codes; S.594 - Referred to Codes
2013-14: A.705 - Referred to Codes; S.1286 - Referred to Codes
2011-12: A.1458 - Referred to Codes; S.1233 - Referred to Codes
2009-10: A.6293 - Referred to Codes; S.2668 - Advanced to Third Reading
2007-08: A.10579 - Referred to Codes; S.7357 - Referred to Codes
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect on the first of November next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
104
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL, PAULIN, SEAWRIGHT, CRUZ, SIMON, HYND-
MAN, HEVESI, EPSTEIN -- Multi-Sponsored by -- M. of A. GLICK -- read
once and referred 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 amended by
2 section 1 of part R of chapter 55 of the laws of 2019 and subdivision 3
3 as amended by chapter 777 of the laws of 2023, is amended to read as
4 follows:
5 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual
6 conduct in sex offense cases.
7 Evidence of a victim's sexual conduct shall not be admissible in a
8 prosecution for an offense or an attempt to commit an offense defined in
9 article one hundred thirty or in section 230.34 of the penal law unless
10 such evidence:
11 1. proves or tends to prove specific instances of the victim's prior
12 sexual conduct with the accused; or
13 2. [proves or tends to prove that the victim has been convicted of an
14 offense under section 230.00 of the penal law within three years prior
15 to the sex offense which is the subject of the prosecution; or
16 3.] rebuts evidence introduced by the people of the victim's failure
17 to engage in vaginal sexual contact, oral sexual contact, anal sexual
18 contact or sexual contact during a given period of time; or
19 [4.] 3. rebuts evidence introduced by the people which proves or tends
20 to prove that the accused is the cause of pregnancy or disease of the
21 victim, or the source of semen found in the victim; or
22 [5.] 4. is determined by the court after an offer of proof by the
23 accused outside the hearing of the jury, or such hearing as the court
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00640-01-5
A. 104 2
1 may require, and a statement by the court of its findings of fact essen-
2 tial to its determination, to be relevant and admissible in the inter-
3 ests of justice.
4 § 2. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.
