A02240 Summary:
BILL NO | A02240 |
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SAME AS | SAME AS S03633 |
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SPONSOR | Rosenthal L |
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COSPNSR | Gottfried, Paulin, Jaffee, Cahill |
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MLTSPNSR | Glick, Perry |
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Amd §60.42, CP L | |
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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. |
A02240 Actions:
BILL NO | A02240 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/17/2017 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | referred to codes |
A02240 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A2240 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.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends Section 60.42 of the criminal procedure law, as added by chapter 230 of the laws of 1975 and subdivision 3 as amended by chap- ter 264 of the laws of 2003. 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: 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.
A02240 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 2240 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. ROSENTHAL, GOTTFRIED, PAULIN, JAFFEE, CAHILL -- Multi-Sponsored by -- M. of A. GLICK, PERRY -- 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 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 an12offense under section 230.00 of the penal law within three years prior13to the sex offense which is the subject of the prosecution; or143.] 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. LBD05369-01-7