Senate Bill S7247

2019-2020 Legislative Session

Provides for the admissibility of a victim's outcry and disclosures in cases of sexual abuse

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2019-S7247 (ACTIVE) - Details

See Assembly Version of this Bill:
A9103
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.41, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S745, A3254
2023-2024: S4424

2019-S7247 (ACTIVE) - Summary

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.

2019-S7247 (ACTIVE) - Sponsor Memo

2019-S7247 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7247
 
                             I N  S E N A T E
 
                             January 14, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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:

   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 60.41 to read as follows:
 § 60.41 RULES OF EVIDENCE; ADMISSIBILITY OF OUTCRY  AND  DISCLOSURES  IN
           CASES OF SEXUAL ABUSE.
   1.  EVIDENCE THAT A VICTIM DISCLOSED OR FAILED TO DISCLOSE THE ALLEGED
 SEXUAL ABUSE, OR ANY PORTION THEREOF, TO ANOTHER PERSON SHALL BE  ADMIS-
 SIBLE  ON  THE  PROSECUTION'S CASE-IN-CHIEF, INCLUDING DURING THE DIRECT
 EXAMINATION OF RELEVANT WITNESSES IN A PROSECUTION FOR AN OFFENSE OR  AN
 ATTEMPT  TO  COMMIT  AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OR
 TWO HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26, 255.27 OR  260.10  OF
 THE PENAL LAW.
   2.  SUCH  TESTIMONY  MAY  COME FROM THE VICTIM AND ALSO FROM ANY OTHER
 PERSON WHO HEARD OR SAW SAID DISCLOSURE, AND SUCH TESTIMONY MAY  INCLUDE
 MULTIPLE  DISCLOSURES IF APPLICABLE. SUCH TESTIMONY SHALL INCLUDE BUT IS
 NOT LIMITED TO (A) THE DETAILS OF THE COMPLAINT ITSELF, (B) THE DEMEANOR
 OF THE VICTIM, (C) ANY WITNESS AT THE TIME OF THE  DISCLOSURE,  AND  (D)
 ANY SURROUNDING CIRCUMSTANCES OR STATEMENTS THAT GIVE MEANINGFUL CONTEXT
 TO THE DISCLOSURE.
   3.  SUCH TESTIMONY SHALL NOT BE ADMISSIBLE FOR THE TRUTH OF THE MATTER
 OR MATTERS ASSERTED THEREIN, BUT ONLY FOR  LIMITED  PURPOSES  INCLUDING,
 BUT  NOT  LIMITED TO (A) PROVIDING CONTEXT AND BACKGROUND TO THE ALLEGA-
 TIONS CHARGED, (B) DEMONSTRATING THE STATE OF MIND  OF  THE  VICTIM  AND
 OTHER  WITNESSES,  (C) EXPLAINING THE NATURE OF THE TIMING AND DELAY, IF
 ANY, OF ANY DISCLOSURES OF ABUSE, AND (D) ASSISTING THE JURY  TO  DETER-
 MINE  WHETHER  OR  NOT  TO CREDIT THE VICTIM'S TESTIMONY. UPON RECEIVING
 TESTIMONY INTO EVIDENCE DURING ANY PROCEEDING, THE COURT SHALL  INSTRUCT
 THE JURY AS TO THE PERMISSIBLE USES OF SUCH TESTIMONY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
              

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