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Assembly Bill A5645

2023-2024 Legislative Session

Prohibits a court from ordering certain physical examinations of the victim of a sexual assault and relates to the admissibility of evidence of the refusal of such victim to undergo such examinations

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2023-A5645 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.56, CP L; amd §3121, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A8546

2023-A5645 (ACTIVE) - Summary

Prohibits a court from ordering certain physical examinations of the victim of a sexual assault; relates to the admissibility of evidence of the refusal of such victim to undergo such examinations.

2023-A5645 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5645
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the criminal procedure law and the  civil  practice  law
   and  rules,  in  relation to prohibiting a court from ordering certain
   physical examinations of the victim of a sexual  assault  and  to  the
   admissibility  of  evidence  of  the refusal of such victim to undergo
   such examinations
 
   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 60.56 to read as follows:
 § 60.56 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE OF VICTIM'S REFUSAL
           TO UNDERGO EXAMINATION IN SEX OFFENSE CASES.
   1. THE COURT MAY NOT ORDER OR OTHERWISE REQUIRE THE ALLEGED VICTIM  IN
 A PROSECUTION FOR A SEXUAL OFFENSE TO SUBMIT TO OR UNDERGO A GYNECOLOGI-
 CAL  OR PHYSICAL EXAMINATION OF THE BREASTS, BUTTOCKS, ANUS, OR ANY PART
 OF THE SEX ORGANS.
   2. THE  REFUSAL  OF  AN  ALLEGED  VICTIM  TO  UNDERGO  AN  EXAMINATION
 DESCRIBED  IN SUBDIVISION ONE OF THIS SECTION MAY NOT SERVE AS THE BASIS
 TO EXCLUDE EVIDENCE OBTAINED FROM OTHER  RELEVANT  EXAMINATIONS  OF  THE
 VICTIM.
   3.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "SEXUAL OFFENSE" MEANS
 ANY OFFENSE IN WHICH  SEXUAL  INTERCOURSE,  SEXUAL  CONTACT,  OR  SEXUAL
 INTRUSION  IS  AN  ELEMENT  OF THE OFFENSE, AND INCLUDES ANY PROSECUTION
 UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
   § 2. Section 3121 of the civil practice law and rules  is  amended  by
 adding a new subdivision (c) to read as follows:
   (C)  (1)  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION (A) OF THIS
 SECTION, IN A MATTER INVOLVING INJURY ALLEGEDLY ATTRIBUTABLE TO A SEXUAL
 ASSAULT, THE COURT MAY NOT ORDER OR OTHERWISE REQUIRE A  PARTY  WHO  WAS
 THE ALLEGED VICTIM IN A PROSECUTION FOR A SEXUAL OFFENSE TO SUBMIT TO OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10292-01-3

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