Assembly Bill A10285

2011-2012 Legislative Session

Relates to disqualification of employment for criminal history and the definition of ability to consent; provides hearsay exception for developmentally disabled

download bill text pdf

Sponsored By

Archive: Last 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2011-A10285 (ACTIVE) - Details

See Senate Version of this Bill:
S7375
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4103, S3803
2015-2016: S987
2017-2018: S1077

2011-A10285 (ACTIVE) - Summary

Provides an exception to the hearsay rule to allow testimony from persons with developmental disabilities.

2011-A10285 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10285

                          I N  A S S E M B L Y

                              May 18, 2012
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to providing  an
  exception  to  the  hearsay  rule to allow testimony from persons with
  developmental disabilities

  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:
S 60.77 STATEMENTS OF PERSONS WITH DEVELOPMENTAL  DISABILITIES;  HEARSAY
          EXCEPTION.
  1.  AN  OUT-OF-COURT  STATEMENT  MADE BY A PERSON WITH A DEVELOPMENTAL
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF  THE
MENTAL  HYGIENE LAW, NOT OTHERWISE ADMISSIBLE BY A STATUTE OR COURT RULE
THAT PROVIDES AN EXCEPTION TO THE OBJECTION OF HEARSAY IS ADMISSIBLE  IN
ANY CRIMINAL OR DELINQUENCY PROCEEDING IN WHICH THE PERSON IS ALLEGED TO
HAVE BEEN A VICTIM IF THE CONDITIONS OF SUBDIVISION FIVE OF THIS SECTION
ARE SATISFIED.
  2. (A) AN OUT-OF-COURT STATEMENT MADE BY A PERSON WITH A DEVELOPMENTAL
DISABILITY,  AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW, THAT DESCRIBES ALL OR PART OF AN  OFFENSE  DESCRIBED
IN  PARAGRAPH  (B) OF THIS SUBDIVISION PERFORMED WITH, BY, ON, OR IN THE
PRESENCE OF THE DECLARANT, AND THAT IS NOT  OTHERWISE  ADMISSIBLE  BY  A
STATUTE  OR  COURT  RULE  THAT PROVIDES AN EXCEPTION TO THE OBJECTION OF
HEARSAY, IS ADMISSIBLE IN ANY CRIMINAL, DELINQUENCY, OR CIVIL PROCEEDING
IF THE CONDITIONS OF SUBDIVISION FIVE OF THIS SECTION ARE SATISFIED.
  (B) THE EXCEPTION DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
APPLIES  TO  AN  OUT-OF-COURT STATEMENT MADE BY A PERSON WITH A DEVELOP-
MENTAL DISABILITY, WHICH STATEMENT DESCRIBES ALL OR PART OF ANY  OF  THE
FOLLOWING OFFENSES:
  (I)  ANY  OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW;
  (II) LABOR TRAFFICKING AS DESCRIBED IN SECTION  135.35  OF  THE  PENAL
LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.