Assembly Bill A541

2015-2016 Legislative Session

Provides for evidence that proves or tends to prove that a victim has been convicted of a prostitution offense shall not be admissible

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2015-A541 (ACTIVE) - Details

See Senate Version of this Bill:
S594
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง60.42, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6293, S2668
2011-2012: A1458, S1233
2013-2014: A705, S1286
2017-2018: A2240, S3633
2019-2020: A281, S4822
2021-2022: A165, S5272
2023-2024: A37, S6394

2015-A541 (ACTIVE) - Summary

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.

2015-A541 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   541

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. ROSENTHAL, GOTTFRIED, SCHIMEL, PAULIN, JAFFEE,
  CAHILL -- Multi-Sponsored by -- M. of A. CLARK, GLICK, PERRY  --  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:

  Section 1. Section 60.42 of the criminal procedure law,  as  added  by
chapter  230 of the laws of 1975 and subdivision 3 as amended by chapter
264 of the laws of 2003, is amended to read as follows:
S 60.42 Rules of evidence; admissibility of evidence of victim's  sexual
          conduct in sex offense cases.
  Evidence  of  a  victim's  sexual conduct shall not be admissible in a
prosecution for an offense or an attempt to commit an offense defined in
article one hundred thirty of the penal law unless such evidence:
  1. proves or tends to prove specific instances of the  victim's  prior
sexual conduct with the accused; or
  2.  [proves or tends to prove that the victim has been convicted of an
offense under section 230.00 of the penal law within three  years  prior
to the sex offense which is the subject of the prosecution; or
  3.]  rebuts  evidence introduced by the people of the victim's failure
to engage in  sexual  intercourse,  oral  sexual  conduct,  anal  sexual
conduct or sexual contact during a given period of time; or
  [4.] 3. rebuts evidence introduced by the people which proves or tends
to  prove  that  the accused is the cause of pregnancy or disease of the
victim, or the source of semen found in the victim; or
  [5.] 4. is determined by the court after an  offer  of  proof  by  the
accused  outside  the  hearing of the jury, or such hearing as the court
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.
                                                           LBD04013-01-5

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