Assembly Bill A8691B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8691
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to admissibility
   of victim's outcry and disclosures in cases of sexual abuse
 
   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 60.41 to read as follows:
 § 60.41 RULES  OF  EVIDENCE;  ADMISSIBILITY OF OUTCRY AND DISCLOSURES IN
           CASES OF SEXUAL ABUSE.
   1. EVIDENCE THAT A VICTIM DISCLOSED OR FAILED TO DISCLOSE THE  ALLEGED
 SEXUAL  ABUSE, OR ANY PORTION THEREOF, TO ANOTHER PERSON SHALL BE ADMIS-
 SIBLE ON THE PROSECUTION'S CASE-IN-CHIEF, INCLUDING  DURING  THE  DIRECT
 EXAMINATION  OF RELEVANT WITNESSES IN A PROSECUTION FOR AN OFFENSE OR AN
 ATTEMPT TO COMMIT AN OFFENSE DEFINED IN ARTICLE ONE  HUNDRED  THIRTY  OR
 TWO  HUNDRED  SIXTY-THREE OR SECTION 255.25, 255.26, 255.27 OR 260.10 OF
 THE PENAL LAW.
   2. SUCH TESTIMONY MAY COME FROM THE VICTIM AND  ALSO  FROM  ANY  OTHER
 PERSON  WHO HEARD OR SAW SAID DISCLOSURE, AND SUCH TESTIMONY MAY INCLUDE
 MULTIPLE DISCLOSURES IF APPLICABLE. SUCH TESTIMONY SHALL INCLUDE BUT  IS
 NOT LIMITED TO (A) THE DETAILS OF THE COMPLAINT ITSELF, (B) THE DEMEANOR
 OF  THE  VICTIM,  (C) ANY WITNESS AT THE TIME OF THE DISCLOSURE, AND (D)
 ANY SURROUNDING CIRCUMSTANCES OR STATEMENTS THAT GIVE MEANINGFUL CONTEXT
 TO THE DISCLOSURE.
   3. SUCH TESTIMONY SHALL NOT BE ADMISSIBLE FOR THE TRUTH OF THE  MATTER
 OR  MATTERS  ASSERTED  THEREIN, BUT ONLY FOR LIMITED PURPOSES INCLUDING,
 BUT NOT LIMITED TO (A) PROVIDING CONTEXT AND BACKGROUND TO  THE  ALLEGA-
 TIONS  CHARGED,  (B)  DEMONSTRATING  THE STATE OF MIND OF THE VICTIM AND
 OTHER WITNESSES, (C) EXPLAINING THE NATURE OF THE TIMING AND  DELAY,  IF
 ANY,  OF  ANY DISCLOSURES OF ABUSE, AND (D) ASSISTING THE JURY TO DETER-
 MINE WHETHER OR NOT TO CREDIT THE  VICTIM'S  TESTIMONY.  UPON  RECEIVING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13249-01-5
              

 A. 8691                             2
 
 TESTIMONY  INTO EVIDENCE DURING ANY PROCEEDING, THE COURT SHALL INSTRUCT
 THE JURY AS TO THE PERMISSIBLE USES OF SUCH TESTIMONY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8691--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to admissibility
   of a complainant's outcry and disclosures in cases of sexual abuse

   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 60.41 to read as follows:
 § 60.41 RULES OF EVIDENCE; ADMISSIBILITY OF OUTCRY  AND  DISCLOSURES  IN
           CASES OF SEXUAL ABUSE.
   1.  EVIDENCE THAT A COMPLAINANT DISCLOSED THE ALLEGED SEXUAL ABUSE, OR
 ANY PORTION THEREOF, TO ANOTHER PERSON MAY BE ADMISSIBLE ON  THE  PROSE-
 CUTION'S CASE-IN-CHIEF, INCLUDING DURING THE DIRECT EXAMINATION OF RELE-
 VANT  WITNESSES  IN A PROSECUTION FOR AN OFFENSE OR AN ATTEMPT TO COMMIT
 AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO  HUNDRED  SIXTY-
 THREE  OR  SECTION  230.34,  230.34-A,  235.22,  255.25, 255.26, 255.27,
 260.10, 260.24, 260.25, 260.32, OR 260.34 OF THE PENAL LAW.
   2. SUCH EVIDENCE MAY COME FROM THE COMPLAINANT AND ALSO FROM ANY OTHER
 PERSON WHO HEARD OR SAW ANY DISCLOSURE, AND SUCH  EVIDENCE  MAY  INCLUDE
 MULTIPLE DISCLOSURES IF APPLICABLE. SUCH EVIDENCE MAY INCLUDE BUT IS NOT
 LIMITED  TO (A) THE DETAILS OF THE COMPLAINT ITSELF; (B) THE DEMEANOR OF
 THE COMPLAINANT AT THE TIME OF ANY DISCLOSURE; (C) ANY  WITNESS  TO  ANY
 DISCLOSURE;  AND  (D)  ANY  SURROUNDING CIRCUMSTANCES OR STATEMENTS THAT
 PROVIDE CONTEXT TO A DISCLOSURE.
   3.   EVIDENCE  REGARDING  THE  DETAILS  OF  THE  COMPLAINT  ITSELF  AS
 DESCRIBED  IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION SHALL NOT
 BE RECEIVED INTO EVIDENCE  FOR  ITS  TRUTH  BUT  ONLY  FOR  THE  LIMITED
 PURPOSES  OF  ONE  OR  MORE OF THE FOLLOWING:  (A) PROVIDING CONTEXT AND
 BACKGROUND TO THE ALLEGATIONS CHARGED; (B) DEMONSTRATING  THE  STATE  OF
 MIND  OF  THE COMPLAINANT AND OTHER WITNESSES; (C) EXPLAINING THE NATURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13249-02-5
              

 A. 8691--A                          2
 
 OF THE TIMING AND ANY DELAY IN THE MAKING   OF ANY DISCLOSURE;  AND  (D)
 ASSISTING  THE  JURY  TO  DETERMINE  WHETHER TO CREDIT THE COMPLAINANT'S
 TESTIMONY.
   4.  IN  DETERMINING THE ADMISSIBILITY OF SUCH EVIDENCE, THE COURT MUST
 BALANCE THE RELEVANCE AND  MATERIALITY  OF  SUCH  EVIDENCE  AGAINST  ANY
 UNFAIR  PREJUDICIAL  EFFECT  ON THE DEFENDANT. SUCH DETERMINATION OF THE
 COURT SHALL BE MADE AFTER AN OFFER OF PROOF BY THE PROSECUTION,  OUTSIDE
 THE HEARING OF THE JURY, OR AFTER SUCH HEARING AS THE COURT MAY REQUIRE.
 THE  COURT  SHALL  PLACE ON THE RECORD THE COURT'S FINDINGS ESSENTIAL TO
 THE COURT'S DETERMINATION.
   5. UPON RECEIVING  EVIDENCE  DESCRIBED  IN  THIS  SECTION  DURING  ANY
 PROCEEDING, THE COURT SHALL INSTRUCT THE JURY AS TO THE PERMISSIBLE USES
 OF SUCH TESTIMONY.
   6.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED TO (A) PROHIBIT A
 DEFENDANT FROM  INTRODUCING  EVIDENCE  OF  A  COMPLAINANT'S  FAILURE  TO
 PROMPTLY  DISCLOSE  THE  ALLEGED  CRIME; OR (B) PREVENT THE ADMISSION OF
 EVIDENCE OF A DISCLOSURE FOR ITS TRUTH  IF  SUCH  WOULD  BE  PERMISSIBLE
 UNDER ANOTHER PROVISION OF LAW.
   § 2. This act shall take effect immediately.