S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10436
 
                           I N  A S S E M B L Y
 
                               May 24, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Durso) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  admitting
   evidence of similar crimes in sexual offense cases
 
   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 60.77 to read as follows:
 § 60.77 RULES OF EVIDENCE; SIMILAR CRIMES IN SEXUAL OFFENSE CASES.
   1. IN A CRIMINAL PROCEEDING IN WHICH A DEFENDANT IS ACCUSED OF A SEXU-
 AL  OFFENSE,  THE  COURT MAY ADMIT EVIDENCE THAT THE DEFENDANT COMMITTED
 ANY OTHER SEXUAL  OFFENSE  IN  ACCORDANCE  WITH  THE  FEDERAL  RULES  OF
 EVIDENCE  UNDER 28 USC 413. THE EVIDENCE MAY BE CONSIDERED ON ANY MATTER
 TO WHICH IT IS RELEVANT TO THE DEFENDANT'S MOTIVE, INTENT TO COMMIT  THE
 CRIME,  THE  ABSENCE  OF  MISTAKE  OR  ACCIDENT, A COMMON SCHEME OR PLAN
 EMBRACING THE COMMISSION OF TWO OR MORE CRIMES SO RELATED TO EACH  OTHER
 THAT  THE  PROOF OF ONE TENDS TO ESTABLISH THE OTHERS OR THE IDENTITY OF
 THE PERSON CHARGED WITH THE COMMISSION OF THE CRIME  ON  TRIAL.  UPON  A
 DETERMINATION  THAT  SUCH EVIDENCE IS RELEVANT, THE COURT MUST THEN FIND
 THAT ITS PROBATIVE VALUE OUTWEIGHS THE PREJUDICIAL EFFECT ON THE DEFEND-
 ANT.
   2. IF THE PROSECUTOR INTENDS TO OFFER  THE  EVIDENCE  PERMITTED  UNDER
 THIS  SECTION, THE PROSECUTOR MUST DISCLOSE IT TO THE DEFENDANT, INCLUD-
 ING WITNESSES' STATEMENTS OR A SUMMARY OF THE  EXPECTED  TESTIMONY.  THE
 PROSECUTOR  MUST  DO SO AT LEAST FIFTEEN DAYS BEFORE TRIAL OR AT A LATER
 TIME THAT THE COURT ALLOWS FOR GOOD CAUSE.
   3. THIS SECTION DOES NOT  LIMIT  THE  ADMISSION  OR  CONSIDERATION  OF
 EVIDENCE UNDER ANY OTHER RULE.
   4.  FOR PURPOSES OF THIS SECTION "SEXUAL OFFENSE" MEANS ANY CONDUCT OR
 ATTEMPTED CONDUCT COMMITTED IN ANY JURISDICTION WHICH IS  PROHIBITED  BY
 ARTICLES  ONE  HUNDRED  THIRTY  AND TWO HUNDRED SIXTY-THREE AND SECTIONS
 230.34 AND 230.34-A OF THE PENAL LAW.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law and shall apply to all cases pending on and after such
 date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15484-02-4