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A02240 Text:



 
                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 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.
                                                                   LBD05369-01-7
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