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.
STATE OF NEW YORK
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37
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, PAULIN, SEAWRIGHT, CRUZ, SIMON,
AUBRY, HYNDMAN, 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, is amended to
3 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 or in section 230.34 of the penal law unless
9 such evidence:
10 1. proves or tends to prove specific instances of the victim's prior
11 sexual conduct with the accused; or
12 2. [proves or tends to prove that the victim has been convicted of an
13 offense under section 230.00 of the penal law within three years prior
14 to the sex offense which is the subject of the prosecution; or
15 3.] rebuts evidence introduced by the people of the victim's failure
16 to engage in sexual intercourse, oral sexual conduct, anal sexual
17 conduct or sexual contact during a given period of time; or
18 [4.] 3. rebuts evidence introduced by the people which proves or tends
19 to prove that the accused is the cause of pregnancy or disease of the
20 victim, or the source of semen found in the victim; or
21 [5.] 4. is determined by the court after an offer of proof by the
22 accused outside the hearing of the jury, or such hearing as the court
23 may require, and a statement by the court of its findings of fact essen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00013-01-3
A. 37 2
1 tial to its determination, to be relevant and admissible in the inter-
2 ests of justice.
3 § 2. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
