S T A T E O F N E W Y O R K
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4686
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to admissibility
of certain out-of-court statements by a child less than twelve years
old
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 60.47 to read as follows:
S 60.47 RULES OF EVIDENCE; ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATE-
MENTS OF CHILDREN LESS THAN TWELVE YEARS OLD.
THE COURT MAY DETERMINE THAT A STATEMENT OF THE COMPLAINING WITNESS IS
NOT MADE INADMISSIBLE BY THE HEARSAY RULE IF THE COURT FINDS ALL OF THE
FOLLOWING:
1. THE STATEMENT WAS MADE BY A CHILD LESS THAN TWELVE YEARS OLD, AND
THE CONTENTS OF THE STATEMENT WERE INCLUDED IN A WRITTEN REPORT OF A
LOCAL OR STATE LAW ENFORCEMENT OFFICIAL OR OF AN EMPLOYEE OF A LOCAL
DEPARTMENT OF SOCIAL SERVICES OR OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
2. THE STATEMENT DESCRIBES THE MINOR CHILD AS A VICTIM OF A SEX
OFFENSE INCLUDED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
3. THE STATEMENT SHOWED SPONTANEITY AND A CONSISTENT REPETITION OF THE
FACTS, WAS STATED IN THE TERMINOLOGY CONSISTENT WITH THE AGE OF THE
CHILD, AND WAS REFLECTIVE OF THE MENTAL STATE OF THE CHILD.
4. THE STATEMENT WAS MADE BY A CHILD WHO HAD NO MOTIVE TO FABRICATE
SUCH STATEMENT. THE COURT SHALL VIEW WITH CAUTION THE TESTIMONY OF A
PERSON RECOUNTING HEARSAY WHERE THERE IS EVIDENCE OF PERSONAL BIAS OR
PREJUDICE.
5. THE CHILD IS FOUND TO BE UNAVAILABLE OR REFUSES TO TESTIFY.
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.
LBD04442-01-9