senate Bill S3922

2011-2012 Legislative Session

Permits certain out-of-court statements by a child less than twelve years old to be admitted

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
Mar 09, 2011 referred to children and families

S3922 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.47, CP L
Versions Introduced in 2009-2010 Legislative Session:
A4686

S3922 - Summary

Permits certain out-of-court statements by a child less than twelve years old to be admissible in court in cases of sex offenses and where the child is unavailable or unwilling to testify, among other criteria.

S3922 - Sponsor Memo

S3922 - Bill Text download pdf

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

                                  3922

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

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.
                                                           LBD10045-01-1

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