senate Bill S7247

2019-2020 Legislative Session

Provides for the admissibility of a victim's outcry and disclosures in cases of sexual abuse

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2020 referred to codes

Co-Sponsors

S7247 (ACTIVE) - Details

See Assembly Version of this Bill:
A9103
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.41, CP L

S7247 (ACTIVE) - Summary

Provides for the admissibility of a victim's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.

S7247 (ACTIVE) - Sponsor Memo

S7247 (ACTIVE) - Bill Text download pdf


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

                                  7247

                            I N  S E N A T E

                            January 14, 2020
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to admissibility
  of victim's outcry and disclosures in cases of sexual abuse

  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; ADMISSIBILITY OF OUTCRY  AND  DISCLOSURES  IN
          CASES OF SEXUAL ABUSE.
  1.  EVIDENCE THAT A VICTIM DISCLOSED OR FAILED TO DISCLOSE THE ALLEGED
SEXUAL ABUSE, OR ANY PORTION THEREOF, TO ANOTHER PERSON SHALL BE  ADMIS-
SIBLE  ON  THE  PROSECUTION'S CASE-IN-CHIEF, INCLUDING DURING THE DIRECT
EXAMINATION OF RELEVANT WITNESSES IN A PROSECUTION FOR AN OFFENSE OR  AN
ATTEMPT  TO  COMMIT  AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OR
TWO HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26, 255.27 OR  260.10  OF
THE PENAL LAW.
  2.  SUCH  TESTIMONY  MAY  COME FROM THE VICTIM AND ALSO FROM ANY OTHER
PERSON WHO HEARD OR SAW SAID DISCLOSURE, AND SUCH TESTIMONY MAY  INCLUDE
MULTIPLE  DISCLOSURES IF APPLICABLE. SUCH TESTIMONY SHALL INCLUDE BUT IS
NOT LIMITED TO (A) THE DETAILS OF THE COMPLAINT ITSELF, (B) THE DEMEANOR
OF THE VICTIM, (C) ANY WITNESS AT THE TIME OF THE  DISCLOSURE,  AND  (D)
ANY SURROUNDING CIRCUMSTANCES OR STATEMENTS THAT GIVE MEANINGFUL CONTEXT
TO THE DISCLOSURE.
  3.  SUCH TESTIMONY SHALL NOT BE ADMISSIBLE FOR THE TRUTH OF THE MATTER
OR MATTERS ASSERTED THEREIN, BUT ONLY FOR  LIMITED  PURPOSES  INCLUDING,
BUT  NOT  LIMITED TO (A) PROVIDING CONTEXT AND BACKGROUND TO THE ALLEGA-
TIONS CHARGED, (B) DEMONSTRATING THE STATE OF MIND  OF  THE  VICTIM  AND
OTHER  WITNESSES,  (C) EXPLAINING THE NATURE OF THE TIMING AND DELAY, IF
ANY, OF ANY DISCLOSURES OF ABUSE, AND (D) ASSISTING THE JURY  TO  DETER-
MINE  WHETHER  OR  NOT  TO CREDIT THE VICTIM'S TESTIMONY. UPON RECEIVING
TESTIMONY INTO EVIDENCE DURING ANY PROCEEDING, THE COURT SHALL  INSTRUCT
THE JURY AS TO THE PERMISSIBLE USES OF SUCH TESTIMONY.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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