| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jun 01, 2022 | ordered to third reading rules cal.551 substituted for a8681 |
| Jun 01, 2022 | substituted by s7527 rules report cal.551 reported |
| May 31, 2022 | reported referred to rules |
| Jan 10, 2022 | referred to codes |
Archive: Last Bill Status Via S7527 - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Co-Sponsors
Chantel Jackson
Erik Dilan
Kenny Burgos
A8681 (ACTIVE) - Details
A8681 (ACTIVE) - Summary
Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.
A8681 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8681
I N A S S E M B L Y
January 10, 2022
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to rules of
evidence concerning the admissibility of evidence of a defendant's
creative expression
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 60.77 to read as follows:
§ 60.77 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE OF DEFENDANT'S
CREATIVE EXPRESSION.
1. EVIDENCE OF A DEFENDANT'S CREATIVE OR ARTISTIC EXPRESSION, WHETHER
ORIGINAL OR DERIVATIVE, MAY NOT BE RECEIVED INTO EVIDENCE AGAINST SUCH
DEFENDANT IN A CRIMINAL PROCEEDING UNLESS SUCH EVIDENCE IS DETERMINED BY
THE COURT TO BE RELEVANT AND ADMISSIBLE, AFTER AN OFFER OF PROOF BY THE
PROPONENT OF SUCH EVIDENCE OUTSIDE THE HEARING OF THE JURY, OR SUCH
HEARING AS THE COURT MAY REQUIRE, AND AN ON-THE-RECORD STATEMENT BY THE
COURT OF THE FINDINGS OF FACT ESSENTIAL TO ITS DETERMINATION.
2. IN ORDER TO OVERCOME THE PRESUMPTION OF INADMISSIBILITY OF EVIDENCE
OF DEFENDANT'S CREATIVE EXPRESSION, THE PROFFERING PARTY MUST AFFIRMA-
TIVELY PROVE BY CLEAR AND CONVINCING EVIDENCE:
(A) LITERAL, RATHER THAN FIGURATIVE OR FICTIONAL, MEANING AND, WHERE
THE WORK IS DERIVATIVE, THAT THE DEFENDANT INTENDED TO ADOPT THE LITERAL
MEANING OF THE WORK AS THE DEFENDANT'S OWN THOUGHT OR STATEMENT;
(B) A STRONG FACTUAL NEXUS INDICATING THAT THE CREATIVE EXPRESSION
REFERS TO THE SPECIFIC FACTS OF THE CRIME ALLEGED;
(C) RELEVANCE TO AN ISSUE OF FACT THAT IS DISPUTED; AND
(D) DISTINCT PROBATIVE VALUE NOT PROVIDED BY OTHER ADMISSIBLE
EVIDENCE.
3. WHERE THE COURT ADMITS CREATIVE EXPRESSION AS CRIMINAL EVIDENCE,
THE COURT HAS A DUTY TO APPLY CAREFUL REDACTIONS, PROVIDE LIMITING
INSTRUCTIONS, AND CONSIDER THE LEAST PREJUDICIAL MEANS OF PRESENTING THE
CREATIVE EXPRESSION TO THE FACT-FINDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13206-02-1