NY State Senate Bill 2021-S8542

Senate Bill S8542

2021-2022 Legislative Session

Relates to admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2022	referred to judiciary

2021-S8542 (ACTIVE) - Details

See Assembly Version of this Bill:: A8872
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §4550, CPLR
Versions Introduced in 2023-2024 Legislative Session:: S994, A4441

2021-S8542 (ACTIVE) - Summary

Prohibits the admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions or proceedings; provides limited exceptions.

2021-S8542 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8542

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to admis-
sibility of evidence of a victim's sexual conduct, sexual predisposi-
tion, or manner of dress

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend the rape shield law to civil practice law.

 
SUMMARY: OF SPECIFIC PROVISIONS:

Section 1. The civil practice law and rules is amended by adding a new
section 4550 to read as follows:

§ 4550. Admissibility of evidence of a victim's sexual conduct, sexual
predisposition, or manner of dress. The following evidence shall not be
discoverable or admissible in a civil action or proceeding:

(a) Evidence of the victim's or alleged victim's previous sexual conduct
or sexual predisposition shall not be discoverable or admitted, nor
reference made to it in the presence of a jury, except as provided in
this section. When a defendant seeks to discover or admit such evidence
for any purpose, the defendant shall apply for an order of the court.
After the motion is made, the court shall conduct a hearing in camera to
determine the discoverability or admissibility of such evidence. Upon
the hearing and determination of such a motion, there shall be a
presumption that any such reference to a victim's sexual conduct, sexual
predisposition or manner of dress, is both inadmissible as evidence and
not subject to disclosure. If the court finds that evidence offered by
the defendant regarding the sexual conduct, sexual predisposition, or
manner of dress of the victim or alleged victim is relevant and that its
probative value substantially outweighs the danger of harm, shame or
embarrassment to any victim or alleged victim; and the probative value
of the evidence offered is not outweighed by its collateral nature or by
the probability that its admission will create undue prejudice,
confusion of the issues, or unwarranted invasion of the privacy of the
victim or alleged victim, or lead to harm, shame or embarrassment on the
part of the victim or alleged victim; the court shall enter an order
setting forth with specificity what evidence may be discovered or intro-
duced and the nature of the questions which shall be permitted, and the
reasons why the court finds that such evidence satisfies the standards
contained in this section. The defendant may then discover or offer
evidence under the order of the court.

(b) Unless the court orders otherwise, the motion, related materials,
and the record of the hearing under subdivision (a) of this section
shall be and remain sealed.

(c) Evidence of the victim's or alleged victim's previous sexual conduct
shall not be discoverable or considered relevant unless it is material
to proving that the source of semen, pregnancy or disease is a person
other than the defendant or the alleged perpetrator.

(d) Evidence of the manner in which the victim or alleged victim was
dressed at the time of the commission of a sexual offense or sexual
misconduct shall not be admitted, unless such evidence is determined by
the court to be relevant and admissible in the interests of justice.

(e) The court may admit evidence of a victim's or alleged victim's repu-
tation only if such victim or alleged victim has placed it in controver-
sy.

§ 2. This act shall take effect immediately.

 
JUSTIFICATION:

In 1975, New York State enacted its Rape Shield law. This law protects
victims of sexual offenses from character assaults unrelated to the
criminal charge during the cross-examination process. However, this law
does not extend to civil courts. The very same protection afforded
during the criminal proceedings should be extended to civil proceedings
as it prevents unrelated character assaults. The legislation allows the
defense a motion for a hearing, without a jury present, to determine the
discoverability or admissibility of such evidence.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8542 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8542
 
                             I N  S E N A T E
 
                              March 10, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  admis-
   sibility  of evidence of a victim's sexual conduct, sexual predisposi-
   tion, or manner of dress
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4550 to read as follows:
   §  4550.  ADMISSIBILITY OF EVIDENCE OF VICTIM'S SEXUAL CONDUCT, SEXUAL
 PREDISPOSITION, OR MANNER OF DRESS. THE FOLLOWING EVIDENCE SHALL NOT  BE
 DISCOVERABLE OR ADMISSIBLE IN A CIVIL ACTION OR PROCEEDING:
   (A)  EVIDENCE  OF  THE  VICTIM'S  OR  ALLEGED VICTIM'S PREVIOUS SEXUAL
 CONDUCT OR SEXUAL PREDISPOSITION SHALL NOT BE DISCOVERABLE OR  ADMITTED,
 NOR  REFERENCE  MADE TO IT IN THE PRESENCE OF A JURY, EXCEPT AS PROVIDED
 IN THIS SECTION. WHEN A  DEFENDANT  SEEKS  TO  DISCOVER  OR  ADMIT  SUCH
 EVIDENCE  FOR ANY PURPOSE, THE DEFENDANT SHALL APPLY FOR AN ORDER OF THE
 COURT.  AFTER THE MOTION IS MADE, THE COURT SHALL CONDUCT A  HEARING  IN
 CAMERA  TO  DETERMINE  THE  DISCOVERABILITY  OR  ADMISSIBILITY  OF  SUCH
 EVIDENCE. UPON THE HEARING AND DETERMINATION OF  SUCH  A  MOTION,  THERE
 SHALL  BE  A  PRESUMPTION  THAT  ANY SUCH REFERENCE TO A VICTIM'S SEXUAL
 CONDUCT, SEXUAL PREDISPOSITION OR MANNER OF DRESS, IS BOTH  INADMISSIBLE
 AS  EVIDENCE  AND  NOT  SUBJECT  TO  DISCLOSURE. IF THE COURT FINDS THAT
 EVIDENCE OFFERED BY THE DEFENDANT REGARDING THE SEXUAL  CONDUCT,  SEXUAL
 PREDISPOSITION,  OR  MANNER  OF DRESS OF THE VICTIM OR ALLEGED VICTIM IS
 RELEVANT AND THAT ITS PROBATIVE VALUE SUBSTANTIALLY OUTWEIGHS THE DANGER
 OF HARM, SHAME OR EMBARRASSMENT TO ANY VICTIM OR ALLEGED VICTIM; AND THE
 PROBATIVE VALUE OF THE EVIDENCE OFFERED IS NOT OUTWEIGHED BY ITS COLLAT-
 ERAL NATURE OR BY THE PROBABILITY THAT ITS ADMISSION WILL  CREATE  UNDUE
 PREJUDICE,  CONFUSION  OF  THE  ISSUES,  OR  UNWARRANTED INVASION OF THE
 PRIVACY OF THE VICTIM OR ALLEGED VICTIM,  OR  LEAD  TO  HARM,  SHAME  OR
 EMBARRASSMENT  ON  THE  PART  OF THE VICTIM OR ALLEGED VICTIM; THE COURT
 SHALL ENTER AN ORDER SETTING FORTH WITH SPECIFICITY WHAT EVIDENCE MAY BE
 DISCOVERED OR INTRODUCED AND THE NATURE OF THE QUESTIONS WHICH SHALL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10671-03-2
 S. 8542                             2
 
 PERMITTED, AND THE REASONS WHY THE COURT FINDS THAT SUCH EVIDENCE SATIS-
 FIES  THE  STANDARDS  CONTAINED  IN THIS SECTION. THE DEFENDANT MAY THEN
 DISCOVER OR OFFER EVIDENCE UNDER THE ORDER OF THE COURT.
   (B)  UNLESS THE COURT ORDERS OTHERWISE, THE MOTION, RELATED MATERIALS,
 AND THE RECORD OF THE HEARING UNDER  SUBDIVISION  (A)  OF  THIS  SECTION
 SHALL BE AND REMAIN SEALED.
   (C)  EVIDENCE  OF  THE  VICTIM'S  OR  ALLEGED VICTIM'S PREVIOUS SEXUAL
 CONDUCT SHALL NOT BE DISCOVERABLE OR CONSIDERED RELEVANT  UNLESS  IT  IS
 MATERIAL  TO PROVING THAT THE SOURCE OF SEMEN, PREGNANCY OR DISEASE IS A
 PERSON OTHER THAN THE DEFENDANT OR  THE  ALLEGED  PERPETRATOR.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  "SEXUAL CONDUCT" SHALL MEAN ANY CONDUCT OR
 BEHAVIOR RELATING TO SEXUAL ACTIVITIES OF THE VICTIM, INCLUDING BUT  NOT
 LIMITED  TO  PREVIOUS  OR SUBSEQUENT EXPERIENCE OF SEXUAL PENETRATION OR
 SEXUAL CONTACT, USE  OF  CONTRACEPTIVES,  LIVING  ARRANGEMENT  AND  LIFE
 STYLE.
   (D)  EVIDENCE  OF THE MANNER IN WHICH THE VICTIM OR ALLEGED VICTIM WAS
 DRESSED AT THE TIME OF THE COMMISSION OF  A  SEXUAL  OFFENSE  OR  SEXUAL
 MISCONDUCT  SHALL NOT BE ADMITTED, UNLESS SUCH EVIDENCE IS DETERMINED BY
 THE COURT TO BE RELEVANT AND ADMISSIBLE IN  THE  INTERESTS  OF  JUSTICE,
 AFTER  AN  OFFER  OF PROOF BY THE PROPONENT OF SUCH EVIDENCE 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 ESSENTIAL TO ITS DETERMI-
 NATION.
   (E)  THE  COURT  MAY  ADMIT EVIDENCE OF A VICTIM'S OR ALLEGED VICTIM'S
 REPUTATION ONLY IF SUCH VICTIM  OR  ALLEGED  VICTIM  HAS  PLACED  IT  IN
 CONTROVERSY.
   § 2. This act shall take effect immediately.

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