S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4992
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to allowing
   evidence of a defendant's prior sexual assault to be admissible  in  a
   sexual assault proceeding
 
   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; ADMISSIBILITY OF DEFENDANT COMMITTING A PRIOR
           SEXUAL ASSAULT IN A SEXUAL ASSAULT CASE.
   1. IN A CRIMINAL PROCEEDING IN WHICH A DEFENDANT IS ACCUSED OF A SEXU-
 AL  ASSAULT,  THE  COURT MAY ADMIT EVIDENCE THAT THE DEFENDANT COMMITTED
 ANY OTHER SEXUAL ASSAULT. SUCH EVIDENCE MAY BE CONSIDERED ON ANY  MATTER
 TO WHICH IT IS RELEVANT.
   2.  IF  THE  PROSECUTOR  INTENDS  TO OFFER EVIDENCE THAT THE DEFENDANT
 COMMITTED ANY OTHER SEXUAL ASSAULT, THE  PROSECUTOR MUST DISCLOSE IT  TO
 THE  DEFENDANT,  INCLUDING  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.  FOR  PURPOSES  OF THIS SECTION, "SEXUAL ASSAULT" SHALL INCLUDE ANY
 OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02949-01-3



              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4992--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, DINOWITZ, GUNTHER, BURDICK, RAGA, SIMON,
   GLICK, HEVESI, SHIMSKY, WALLACE, SANTABARBARA, FAHY, CURRAN, L. ROSEN-
   THAL, SEAWRIGHT, McDONALD, CONRAD, THIELE, ARDILA, KIM,  COLTON,  LEE,
   PHEFFER AMATO, SIMONE, EACHUS, ZACCARO, PRETLOW, LEVENBERG, McDONOUGH,
   HUNTER, ROZIC, BARRETT, STIRPE, CLARK, BUTTENSCHON, STERN -- read once
   and referred to the Committee on Codes -- recommitted to the Committee
   on  Codes  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to allowing
   evidence of a defendant's prior sexual assault to be admissible  in  a
   sexual assault proceeding
 
   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; ADMISSIBILITY OF DEFENDANT COMMITTING ANOTHER
           SEXUAL OFFENSE IN A SEXUAL OFFENSE CASE.
   1.  IN  A  CRIMINAL PROCEEDING, EVIDENCE OF ANY OTHER CRIME, WRONG, OR
 ACT MAY BE ADMISSIBLE FOR ANY NON-PROPENSITY PURPOSE,  SUCH  AS  PROVING
 MOTIVE, OPPORTUNITY, INTENT, PREPARATION, PLAN, KNOWLEDGE, STATE OF MIND
 OF  THE DEFENDANT, STATE OF MIND OF THE VICTIM OR OTHER PARTY, IDENTITY,
 ABSENCE OF MISTAKE, LACK OF ACCIDENT, MODUS OPERANDI, COMMON  SCHEME  OR
 PLAN, OR ANY OTHER NON-PROPENSITY PURPOSE.
   2. 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. SUCH EVIDENCE MAY BE CONSIDERED ON ANY  MATTER
 TO WHICH IT IS RELEVANT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02949-10-4
 A. 4992--B                          2
 
              

   3.  THE  COURT,  IN  ITS DISCRETION, MAY EXCLUDE EVIDENCE DESCRIBED IN
 THIS SECTION IF ITS PROBATIVE VALUE IS  OUTWEIGHED  BY  THE  PROBABILITY
 THAT ITS ADMISSION WILL CREATE UNDUE PREJUDICE TO THE DEFENDANT.
   4. FOR PURPOSES OF THIS SECTION, "SEXUAL OFFENSE" SHALL INCLUDE AN ACT
 COMMITTED  IN  ANY  JURISDICTION THAT INVOLVES CONDUCT PROSCRIBED BY ANY
 SECTION OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW,  OR  BY  SECTION
 230.34 OR 230.34-A OF THE PENAL LAW.
   § 2. This act shall take effect immediately.