Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 10, 2018 |
referred to codes |
Assembly Bill A10663
2017-2018 Legislative Session
Sponsored By
MIKULIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-A10663 (ACTIVE) - Details
2017-A10663 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10663 I N A S S E M B L Y May 10, 2018 ___________ Introduced by M. of A. MIKULIN -- read once and referred to the Commit- tee 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: § 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; (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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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