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Senate Bill S2668

2009-2010 Legislative Session

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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Archive: Last Bill Status - On Floor Calendar

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Votes

2009-S2668 (ACTIVE) - Details

See Assembly Version of this Bill:
A6293
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง60.42, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1233, A1458
2013-2014: S1286, A705
2015-2016: S594, A541
2017-2018: S3633, A2240
2019-2020: S4822, A281
2021-2022: S5272, A165
2023-2024: S6394, A37
2025-2026: S3980, A104

2009-S2668 (ACTIVE) - 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.

2009-S2668 (ACTIVE) - Sponsor Memo

2009-S2668 (ACTIVE) - Bill Text download pdf 

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

                                  2668

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

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.

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