Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to children and families |
Mar 09, 2011 |
referred to children and families |
Senate Bill S3922
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S3922 (ACTIVE) - Details
- Current Committee:
- Senate Children And Families
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §60.47, CP L
- Versions Introduced in 2013-2014 Legislative Session:
-
S2876
2011-S3922 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3922 TITLE OF BILL: An act to amend the criminal procedure law, in relation to admissibility of certain out-of-court statements by a child less than twelve years old PURPOSE OR GENERAL IDEA OF BILL: To permit certain individuals to testify in cases of alleged child sexual abuse, when the child is unable to testify or when the testimony of an individual is relevant to the case in question. SUMMARY OF SPECIFIC PROVISIONS: The bill would amend the criminal procedure law by adding a new §60.47, titled, Rules of Evidence; admissibility of certain out-of-court statements of children less than twelve years old. JUSTIFICATION: In many criminal cases, testimony by one person about what another person said is inadmissible as hearsay. However, a number of state courts have recently relaxed their rules regarding hearsay to make it
2011-S3922 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3922 2011-2012 Regular Sessions I N S E N A T E March 9, 2011 ___________ Introduced by Sen. SMITH -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the criminal procedure law, in relation to admissibility of certain out-of-court statements by a child less than twelve years old THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 60.47 to read as follows: S 60.47 RULES OF EVIDENCE; ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATE- MENTS OF CHILDREN LESS THAN TWELVE YEARS OLD. THE COURT MAY DETERMINE THAT A STATEMENT OF THE COMPLAINING WITNESS IS NOT MADE INADMISSIBLE BY THE HEARSAY RULE IF THE COURT FINDS ALL OF THE FOLLOWING: 1. THE STATEMENT WAS MADE BY A CHILD LESS THAN TWELVE YEARS OLD, AND THE CONTENTS OF THE STATEMENT WERE INCLUDED IN A WRITTEN REPORT OF A LOCAL OR STATE LAW ENFORCEMENT OFFICIAL OR OF AN EMPLOYEE OF A LOCAL DEPARTMENT OF SOCIAL SERVICES OR OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. 2. THE STATEMENT DESCRIBES THE MINOR CHILD AS A VICTIM OF A SEX OFFENSE INCLUDED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW. 3. THE STATEMENT SHOWED SPONTANEITY AND A CONSISTENT REPETITION OF THE FACTS, WAS STATED IN THE TERMINOLOGY CONSISTENT WITH THE AGE OF THE CHILD, AND WAS REFLECTIVE OF THE MENTAL STATE OF THE CHILD. 4. THE STATEMENT WAS MADE BY A CHILD WHO HAD NO MOTIVE TO FABRICATE SUCH STATEMENT. THE COURT SHALL VIEW WITH CAUTION THE TESTIMONY OF A PERSON RECOUNTING HEARSAY WHERE THERE IS EVIDENCE OF PERSONAL BIAS OR PREJUDICE. 5. THE CHILD IS FOUND TO BE UNAVAILABLE OR REFUSES TO TESTIFY. S 2. This act shall take effect on the first of November next succeed- 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. LBD10045-01-1
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