S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    503
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  PALUMBO,  CANZONERI-FITZPATRICK,  LANZA, MARTINS,
   O'MARA, RHOADS -- read twice and ordered printed, and when printed  to
   be committed 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02104-01-5
              

 S. 503                              2
 
   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.