Assembly Bill A2240

2017-2018 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

download bill text pdf

Sponsored By

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

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2017-A2240 (ACTIVE) - Details

See Senate Version of this Bill:
S3633
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.42, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6293, S2668
2011-2012: A1458, S1233
2013-2014: A705, S1286
2015-2016: A541, S594
2019-2020: A281, S4822
2021-2022: A165, S5272
2023-2024: A37, S6394

2017-A2240 (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.

2017-A2240 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2240
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. ROSENTHAL, GOTTFRIED, PAULIN, JAFFEE, CAHILL --
   Multi-Sponsored by -- M. of A. GLICK, PERRY -- read once and  referred
   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:
 § 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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