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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14283-01-9