S T A T E   O F   N E W   Y O R K
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                                  5490

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M. of A. McKEVITT, KOLB, ERRIGO, CROUCH, WALKER, GIGLIO,
  ALFANO, BARRA -- Multi-Sponsored by -- M. of  A.  McDONOUGH,  OAKS  --
  read once and referred to the Committee on Codes

AN  ACT  to  amend the criminal procedure law and the civil practice law
  and rules, in relation to admission of evidence of  proof  of  similar
  sex  offenses  in criminal and civil proceedings involving the commis-
  sion of a sex offense

  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 60.41 to read as follows:
S 60.41 RULES OF EVIDENCE; PROOF OF  SIMILAR  OFFENSES  IN  SEX  OFFENSE
          CASES.
  1. IN A CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS ACCUSED OF A SEX
OFFENSE,  EVIDENCE  THAT  THE  DEFENDANT  WAS  CONVICTED  OF ANOTHER SEX
OFFENSE OR OFFENSES IS ADMISSIBLE, AND MAY BE CONSIDERED FOR ITS BEARING
ON ANY MATTER TO WHICH IT IS RELEVANT.
  2. IN A CASE IN WHICH THE PROSECUTION INTENDS TO OFFER EVIDENCE PURSU-
ANT TO THIS SECTION, THE PROSECUTOR SHALL DISCLOSE THE EVIDENCE  TO  THE
DEFENDANT,  INCLUDING  STATEMENTS  OF  WITNESSES  OR  A  SUMMARY  OF THE
SUBSTANCE OF ANY TESTIMONY THAT IS EXPECTED  TO  BE  OFFERED,  AT  LEAST
FIFTEEN DAYS BEFORE THE SCHEDULED DATE OF TRIAL OR AT SUCH LATER TIME AS
THE COURT MAY ALLOW FOR GOOD CAUSE.
  3.  THIS  SECTION  SHALL  NOT  BE  CONSTRUED TO LIMIT THE ADMISSION OR
CONSIDERATION OF EVIDENCE UNDER ANY OTHER PROVISION OF LAW.
  4. FOR PURPOSES OF THIS SECTION, "SEX OFFENSE"  MEANS  A  CRIME  UNDER
FEDERAL LAW OR THE LAW OF A STATE THAT INVOLVED:
  (A)  ANY CONDUCT PROSCRIBED BY ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW;
  (B) CONTACT, WITHOUT CONSENT, BETWEEN ANY PART OF THE DEFENDANT'S BODY
OR AN OBJECT AND THE GENITALS OR ANUS OF ANOTHER PERSON;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09080-01-9
              

A. 5490                             2

  (C) CONTACT, WITHOUT CONSENT, BETWEEN THE  GENITALS  OR  ANUS  OF  THE
DEFENDANT AND ANY PART OF ANOTHER PERSON'S BODY;
  (D)  DERIVING  SEXUAL PLEASURE OR GRATIFICATION FROM THE INFLICTION OF
DEATH, BODILY INJURY, OR PHYSICAL PAIN ON ANOTHER PERSON; OR
  (E) AN ATTEMPT OR CONSPIRACY TO ENGAGE IN CONDUCT DESCRIBED  IN  PARA-
GRAPHS (A) THROUGH (D) OF THIS SUBDIVISION.
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 4549 to read as follows:
  S 4549. PROOF OF  SIMILAR  OFFENSES  IN  CIVIL  CASES  CONCERNING  SEX
OFFENSES  AND  CHILD MOLESTATION.  1. IN ANY ACTION FOR DAMAGES OR OTHER
RELIEF PREDICATED ON A PARTY'S ALLEGED COMMISSION OF CONDUCT  CONSTITUT-
ING A SEX OFFENSE OR CHILD MOLESTATION, EVIDENCE OF THAT PARTY'S COMMIS-
SION  OF  ANOTHER  SEX OFFENSE OR CHILD MOLESTATION  SHALL BE ADMISSIBLE
FOR CONSIDERATION BY THE COURT.
  2. A PARTY WHO INTENDS TO OFFER  EVIDENCE  UNDER  THIS  SECTION  SHALL
DISCLOSE  THE  EVIDENCE  TO  THE  PARTY AGAINST WHOM IT WILL BE OFFERED,
INCLUDING STATEMENTS OF WITNESSES OR A SUMMARY OF THE SUBSTANCE  OF  ANY
TESTIMONY  THAT  IS EXPECTED TO BE OFFERED, AT LEAST FIFTEEN DAYS BEFORE
THE SCHEDULED DATE OF TRIAL OR AT SUCH LATER TIME AS THE COURT MAY ALLOW
FOR GOOD CAUSE.
  3. THIS SECTION SHALL NOT BE  CONSTRUED  TO  LIMIT  THE  ADMISSION  OR
CONSIDERATION OF EVIDENCE UNDER ANY OTHER PROVISION OF LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.