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.
STATE OF NEW YORK
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4424
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sen. FERNANDEZ -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08758-01-3
S. 4424 2
1 testimony into evidence during any proceeding, the court shall instruct
2 the jury as to the permissible uses of such testimony.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law.
