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S07247 Summary:

BILL NOS07247
 
SAME ASSAME AS A09103
 
SPONSORBIAGGI
 
COSPNSRKAMINSKY, MYRIE
 
MLTSPNSR
 
Add §60.41, CP L
 
Provides for the admissibility of a victim's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.
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S07247 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7247
 
                    IN SENATE
 
                                    January 14, 2020
                                       ___________
 
        Introduced  by  Sen.  BIAGGI -- 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 admissibility
          of victim's outcry and disclosures in cases of sexual abuse
 
          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 60.41 to read as follows:
     3  § 60.41 Rules of evidence; admissibility of outcry  and  disclosures  in
     4            cases of sexual abuse.
     5    1.  Evidence that a victim disclosed or failed to disclose the alleged
     6  sexual abuse, or any portion thereof, to another person shall be  admis-
     7  sible  on  the  prosecution's case-in-chief, including during the direct
     8  examination of relevant witnesses in a prosecution for an offense or  an
     9  attempt  to  commit  an offense defined in article one hundred thirty or
    10  two hundred sixty-three or section 255.25, 255.26, 255.27 or  260.10  of
    11  the penal law.
    12    2.  Such  testimony  may  come from the victim and also from any other
    13  person who heard or saw said disclosure, and such testimony may  include
    14  multiple  disclosures if applicable. Such testimony shall include but is
    15  not limited to (a) the details of the complaint itself, (b) the demeanor
    16  of the victim, (c) any witness at the time of the  disclosure,  and  (d)
    17  any surrounding circumstances or statements that give meaningful context
    18  to the disclosure.
    19    3.  Such testimony shall not be admissible for the truth of the matter
    20  or matters asserted therein, but only for  limited  purposes  including,
    21  but  not  limited to (a) providing context and background to the allega-
    22  tions charged, (b) demonstrating the state of mind  of  the  victim  and
    23  other  witnesses,  (c) explaining the nature of the timing and delay, if
    24  any, of any disclosures of abuse, and (d) assisting the jury  to  deter-
    25  mine  whether  or  not  to credit the victim's testimony. Upon receiving
    26  testimony into evidence during any proceeding, the court shall  instruct
    27  the jury as to the permissible uses of such testimony.
    28    §  2.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14283-01-9
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