Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 27, 2024 |
referred to codes delivered to assembly passed senate |
Jan 24, 2024 |
advanced to third reading |
Jan 23, 2024 |
2nd report cal. |
Jan 22, 2024 |
1st report cal.158 |
Jan 03, 2024 |
referred to codes returned to senate died in assembly |
May 15, 2023 |
referred to codes delivered to assembly passed senate |
May 09, 2023 |
advanced to third reading |
May 08, 2023 |
2nd report cal. |
May 03, 2023 |
1st report cal.742 |
Jan 13, 2023 |
referred to codes |
Senate Bill S1738
2023-2024 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Current Bill Status - In Assembly 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
Actions
Votes
co-Sponsors
(D) 36th Senate District
(D) 20th Senate District
(D, WF) 18th Senate District
(D) 32nd Senate District
2023-S1738 (ACTIVE) - Details
2023-S1738 (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.
2023-S1738 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1738 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the criminal procedure law, in relation to rules of evidence concerning the admissibility of evidence of a defendant's crea- tive expression PURPOSE: The purpose of this legislation is to protect freedom of speech and artistic expression in New York State. This bill effectuates the enhanced free speech protections provided by the New York State Consti- tution, ensuring that criminal defendants are tried based upon evidence of criminal conduct, not the provocative nature of their artistic works and tastes. SUMMARY OF SPECIFIC PROVISIONS: SECTION 1: Amends the criminal procedure law by adding a new section 60.77, Rules of evidence; admissibility of evidence of defendants' crea-
2023-S1738 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1738 2023-2024 Regular Sessions I N S E N A T E January 13, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, BAILEY, MYRIE, SALAZAR -- read twice and ordered printed, and when printed to be committed 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01703-01-3 S. 1738 2
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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.