assembly Bill A9103

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 Assembly 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 21, 2020 referred to codes

A9103 (ACTIVE) - Details

See Senate Version of this Bill:
S7247
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.41, CP L

A9103 (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.

A9103 (ACTIVE) - Bill Text download pdf


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

                                  9103

                          I N  A S S E M B L Y

                            January 21, 2020
                               ___________

Introduced by M. of A. HEVESI -- read once and referred 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.