S T A T E O F N E W Y O R K
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4702
2021-2022 Regular Sessions
I N A S S E M B L Y
February 5, 2021
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Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law and the civil practice law
and rules, in relation to admission of evidence of proof of similar
sex offenses in criminal and civil proceedings involving the commis-
sion of a sex offense
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; PROOF OF SIMILAR OFFENSES IN SEX OFFENSE
CASES.
1. IN A CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS ACCUSED OF A SEX
OFFENSE, EVIDENCE THAT THE DEFENDANT WAS CONVICTED OF ANOTHER SEX
OFFENSE OR OFFENSES IS ADMISSIBLE, AND MAY BE CONSIDERED FOR ITS BEARING
ON ANY MATTER TO WHICH IT IS RELEVANT.
2. IN A CASE IN WHICH THE PROSECUTION INTENDS TO OFFER EVIDENCE PURSU-
ANT TO THIS SECTION, THE PROSECUTOR SHALL DISCLOSE THE EVIDENCE TO THE
DEFENDANT, INCLUDING STATEMENTS OF WITNESSES OR A SUMMARY OF THE
SUBSTANCE OF ANY TESTIMONY THAT IS EXPECTED TO BE OFFERED, AT LEAST
FIFTEEN DAYS BEFORE THE SCHEDULED DATE OF TRIAL OR AT SUCH LATER TIME AS
THE COURT MAY ALLOW FOR GOOD CAUSE.
3. THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE ADMISSION OR
CONSIDERATION OF EVIDENCE UNDER ANY OTHER PROVISION OF LAW.
4. FOR PURPOSES OF THIS SECTION, "SEX OFFENSE" MEANS A CRIME UNDER
FEDERAL LAW OR THE LAW OF A STATE THAT INVOLVED:
(A) ANY CONDUCT PROSCRIBED BY ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW;
(B) CONTACT, WITHOUT CONSENT, BETWEEN ANY PART OF THE DEFENDANT'S BODY
OR AN OBJECT AND THE GENITALS OR ANUS OF ANOTHER PERSON;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07711-01-1
A. 4702 2
(C) CONTACT, WITHOUT CONSENT, BETWEEN THE GENITALS OR ANUS OF THE
DEFENDANT AND ANY PART OF ANOTHER PERSON'S BODY;
(D) DERIVING SEXUAL PLEASURE OR GRATIFICATION FROM THE INFLICTION OF
DEATH, BODILY INJURY, OR PHYSICAL PAIN ON ANOTHER PERSON; OR
(E) AN ATTEMPT OR CONSPIRACY TO ENGAGE IN CONDUCT DESCRIBED IN PARA-
GRAPHS (A) THROUGH (D) OF THIS SUBDIVISION.
§ 2. The civil practice law and rules is amended by adding a new
section 4549 to read as follows:
§ 4549. PROOF OF SIMILAR OFFENSES IN CIVIL CASES CONCERNING SEX
OFFENSES AND CHILD MOLESTATION. 1. IN ANY ACTION FOR DAMAGES OR OTHER
RELIEF PREDICATED ON A PARTY'S ALLEGED COMMISSION OF CONDUCT CONSTITUT-
ING A SEX OFFENSE OR CHILD MOLESTATION, EVIDENCE OF THAT PARTY'S COMMIS-
SION OF ANOTHER SEX OFFENSE OR CHILD MOLESTATION SHALL BE ADMISSIBLE
FOR CONSIDERATION BY THE COURT.
2. A PARTY WHO INTENDS TO OFFER EVIDENCE UNDER THIS SECTION SHALL
DISCLOSE THE EVIDENCE TO THE PARTY AGAINST WHOM IT WILL BE OFFERED,
INCLUDING STATEMENTS OF WITNESSES OR A SUMMARY OF THE SUBSTANCE OF ANY
TESTIMONY THAT IS EXPECTED TO BE OFFERED, AT LEAST FIFTEEN DAYS BEFORE
THE SCHEDULED DATE OF TRIAL OR AT SUCH LATER TIME AS THE COURT MAY ALLOW
FOR GOOD CAUSE.
3. THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE ADMISSION OR
CONSIDERATION OF EVIDENCE UNDER ANY OTHER PROVISION OF LAW.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.