Assembly Actions -
Senate Actions - UPPERCASE
|Aug 29, 2018
referred to codes
Assembly Bill A11315
2017-2018 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-A11315 (ACTIVE) - Details
2017-A11315 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11315 I N A S S E M B L Y August 29, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Espinal) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to enacting the Michael Sandy act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Michael Sandy act". § 2. The criminal procedure law is amended by adding a new section 60.77 to read as follows: § 60.77 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE OF DEFENDANT AND VICTIM FALLING UNDER THE SAME PROTECTED CATEGORY IN HATE CRIME CASES. EVIDENCE OF DEFENDANT HAVING THE SAME RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION, OR OTHER CATEGORY, DEFINED IN ARTICLE FOUR HUNDRED EIGHTY- FIVE OF THE PENAL LAW, OF THE VICTIM MAY NOT BE ADMITTED IN A PROSE- CUTION FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT AN OFFENSE, DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, UNLESS SUCH EVIDENCE IS DETERMINED BY THE COURT TO BE RELEVANT AND ADMISSIBLE IN THE INTER- ESTS OF JUSTICE, AFTER AN OFFER OF PROOF BY THE PROPONENT OF SUCH EVIDENCE 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. § 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05184-01-7
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