Prohibits a court from ordering certain physical examinations of the victim of a sexual assault; relates to the admissibility of evidence of the refusal of such victim to undergo such examinations.
STATE OF NEW YORK
________________________________________________________________________
5645
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the criminal procedure law and the civil practice law
and rules, in relation to prohibiting a court from ordering certain
physical examinations of the victim of a sexual assault and to the
admissibility of evidence of the refusal of such victim to undergo
such examinations
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 60.56 to read as follows:
3 § 60.56 Rules of evidence; admissibility of evidence of victim's refusal
4 to undergo examination in sex offense cases.
5 1. The court may not order or otherwise require the alleged victim in
6 a prosecution for a sexual offense to submit to or undergo a gynecologi-
7 cal or physical examination of the breasts, buttocks, anus, or any part
8 of the sex organs.
9 2. The refusal of an alleged victim to undergo an examination
10 described in subdivision one of this section may not serve as the basis
11 to exclude evidence obtained from other relevant examinations of the
12 victim.
13 3. For the purposes of this section, the term "sexual offense" means
14 any offense in which sexual intercourse, sexual contact, or sexual
15 intrusion is an element of the offense, and includes any prosecution
16 under article one hundred thirty of the penal law.
17 § 2. Section 3121 of the civil practice law and rules is amended by
18 adding a new subdivision (c) to read as follows:
19 (c) (1) Notwithstanding the provisions of subdivision (a) of this
20 section, in a matter involving injury allegedly attributable to a sexual
21 assault, the court may not order or otherwise require a party who was
22 the alleged victim in a prosecution for a sexual offense to submit to or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10292-01-3
A. 5645 2
1 undergo a gynecological or physical examination of the breasts,
2 buttocks, anus, or any part of the sex organs.
3 (2) The refusal of a party to undergo an examination described in
4 subdivision one of this section may not serve as the basis to exclude
5 evidence obtained from other relevant examinations of the party.
6 (3) For the purposes of this subdivision, the term "sexual offense"
7 means any offense in which sexual intercourse, sexual contact, or sexual
8 intrusion is an element of the offense, and includes any prosecution
9 under article one hundred thirty of the penal law.
10 § 3. This act shall take effect immediately.
