senate Bill S1233

Provides for evidence that proves or tends to prove that a victim has been convicted of a prostitution offense shall not be admissible

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

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.

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Bill Details

See Assembly Version of this Bill:
A1458
Versions:
S1233
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง60.42, CP L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2668, A6293
2007-2008: A10579

Sponsor Memo

BILL NUMBER:S1233

TITLE OF BILL:

An act
to amend the criminal procedure law, in relation to admissibility of a
victim's sexual conduct in a sex offense

PURPOSE:

To include sex workers under the rape shield law when they become
victims of a sexual assault.

SUMMARY OF PROVISIONS:

Section One of the bill amends Section 60.42 of the criminal procedure
law to state that evidence of a victim's sexual conduct shall not be
admissible in a prosecution for an offense or an attempt to commit an
offense that proves or tends to prove specific instances of the
victim's prior sexual conduct with the accused regardless if the
victim has been convicted of an offense under section 230.00 of the
penal law three years prior to the sex offense which is the subject
of the prosecution.

EXISTING LAW:

New bill.

JUSTIFICATION:

Under current law, women convicted of a sex offense under section
230.00 within three years are not subject to the protections of the
rape shield law. All women of sexual crimes should be afforded the
protections granted under the rape shield law.

PRIOR LEGISLATIVE HISTORY:

2008: S.7357 (Duane), Died in Codes; A.10579 (Rosenthal), Died in Codes
2009: S.2668 (Duane), Died in Codes; A.6293 (Rosenthal), Died in Codes
2010: S.2668 (Duane), Died on Third Reading; A.6293 (Rosenthal), Died
in Codes
FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the
date on which it shall have become law.


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

                                  1233

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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 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 added by
chapter 230 of the laws of 1975 and subdivision 3 as amended by  chapter
264 of the laws of 2003, is amended to read as follows:
S  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 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-
tial  to  its determination, to be relevant and admissible in the inter-
ests of justice.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01138-01-1

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