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A02240 Summary:

BILL NOA02240
 
SAME ASSAME AS S03633
 
SPONSORRosenthal L
 
COSPNSRGottfried, Paulin, Jaffee, Cahill
 
MLTSPNSRGlick, Perry
 
Amd 60.42, CP L
 
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.
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A02240 Memo:

NEW 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.
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