Assembly Bill A37

2023-2024 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

Current 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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2023-A37 (ACTIVE) - Details

See Senate Version of this Bill:
S6394
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.42, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6293, S2668
2011-2012: A1458, S1233
2013-2014: A705, S1286
2015-2016: A541, S594
2017-2018: A2240, S3633
2019-2020: A281, S4822
2021-2022: A165, S5272

2023-A37 (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.

2023-A37 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    37
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, PAULIN, SEAWRIGHT, CRUZ, SIMON,
   AUBRY, HYNDMAN, HEVESI, EPSTEIN -- Multi-Sponsored  by  --  M.  of  A.
   GLICK -- 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
 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.

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