S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    165
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  GOTTFRIED,  PAULIN,  CAHILL,
   SEAWRIGHT, HEVESI, CRUZ, SIMON, AUBRY, HYNDMAN,  DE LA ROSA,  EPSTEIN,
   J. RIVERA,  NIOU  -- Multi-Sponsored by -- M. of A. COOK, GLICK, GRIF-
   FIN, 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 amended by
 section 1 of part R of chapter 55 of the laws of  2019,  is  amended  to
 read as follows:
 §  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 or in section 230.34 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00311-01-1

 A. 165                              2
 
 may require, and a statement by the court of its findings of fact essen-
 tial to its determination, to be relevant and admissible in  the  inter-
 ests of justice.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.