Senate Bill S5272

2021-2022 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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2021-S5272 (ACTIVE) - Details

See Assembly Version of this Bill:
A165
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.42, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2668, A6293
2011-2012: S1233, A1458
2013-2014: S1286, A705
2015-2016: S594, A541
2017-2018: S3633, A2240
2019-2020: S4822, A281
2023-2024: S6394, A37

2021-S5272 (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.

2021-S5272 (ACTIVE) - Sponsor Memo

2021-S5272 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5272
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by Sens. PARKER, GOUNARDES, KRUEGER, RIVERA, SALAZAR, STAVI-
   SKY -- read twice and ordered printed, and when printed to be  commit-
   ted 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 amended  by
 section  1  of  part  R of chapter 55 of the laws of 2019, 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 or in section 230.34 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00311-01-1

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