senate Bill S7527

2021-2022 Legislative Session

Limits the admissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2022 referred to codes
delivered to assembly
passed senate
Jan 20, 2022 advanced to third reading
Jan 19, 2022 2nd report cal.
Jan 18, 2022 1st report cal.233
Jan 05, 2022 referred to codes
Nov 17, 2021 referred to rules

Co-Sponsors

view additional co-sponsors

S7527 (ACTIVE) - Details

See Assembly Version of this Bill:
A8681
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, amd §1.20, CP L

S7527 (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.

S7527 (ACTIVE) - Sponsor Memo

S7527 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7527
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             November 17, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BAILEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13206-02-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.