S T A T E O F N E W Y O R K
________________________________________________________________________
6203
2025-2026 Regular Sessions
I N A S S E M B L Y
February 27, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to admitting
evidence of similar crimes in sexual offense cases
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; SIMILAR CRIMES IN SEXUAL OFFENSE CASES.
1. IN A CRIMINAL PROCEEDING IN WHICH A DEFENDANT IS ACCUSED OF A SEXU-
AL OFFENSE, THE COURT MAY ADMIT EVIDENCE THAT THE DEFENDANT COMMITTED
ANY OTHER SEXUAL OFFENSE IN ACCORDANCE WITH THE FEDERAL RULES OF
EVIDENCE UNDER 28 USC 413. THE EVIDENCE MAY BE CONSIDERED ON ANY MATTER
TO WHICH IT IS RELEVANT TO THE DEFENDANT'S MOTIVE, INTENT TO COMMIT THE
CRIME, THE ABSENCE OF MISTAKE OR ACCIDENT, A COMMON SCHEME OR PLAN
EMBRACING THE COMMISSION OF TWO OR MORE CRIMES SO RELATED TO EACH OTHER
THAT THE PROOF OF ONE TENDS TO ESTABLISH THE OTHERS OR THE IDENTITY OF
THE PERSON CHARGED WITH THE COMMISSION OF THE CRIME ON TRIAL. UPON A
DETERMINATION THAT SUCH EVIDENCE IS RELEVANT, THE COURT MUST THEN FIND
THAT ITS PROBATIVE VALUE OUTWEIGHS THE PREJUDICIAL EFFECT ON THE DEFEND-
ANT.
2. IF THE PROSECUTOR INTENDS TO OFFER THE EVIDENCE PERMITTED UNDER
THIS SECTION, THE PROSECUTOR MUST DISCLOSE IT TO THE DEFENDANT, INCLUD-
ING WITNESSES' STATEMENTS OR A SUMMARY OF THE EXPECTED TESTIMONY. THE
PROSECUTOR MUST DO SO AT LEAST FIFTEEN DAYS BEFORE TRIAL OR AT A LATER
TIME THAT THE COURT ALLOWS FOR GOOD CAUSE.
3. THIS SECTION DOES NOT LIMIT THE ADMISSION OR CONSIDERATION OF
EVIDENCE UNDER ANY OTHER RULE.
4. FOR PURPOSES OF THIS SECTION "SEXUAL OFFENSE" MEANS ANY CONDUCT OR
ATTEMPTED CONDUCT COMMITTED IN ANY JURISDICTION WHICH IS PROHIBITED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02104-01-5
A. 6203 2
ARTICLES ONE HUNDRED THIRTY AND TWO HUNDRED SIXTY-THREE AND SECTIONS
230.34 AND 230.34-A OF THE PENAL LAW.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to all cases pending on and after such
date.