Assembly Bill A9186

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9186
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   admissibility of evidence of a victim's sexual conduct, sexual predis-
   position, or manner of dress

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4552 to read as follows:
   § 4552. ADMISSIBILITY OF EVIDENCE OF VICTIM'S SEXUAL  CONDUCT,  SEXUAL
 PREDISPOSITION,  OR  MANNER  OF  DRESS. 1. FOR PURPOSES OF THIS SECTION,
 "SEXUAL CONDUCT" SHALL INCLUDE:
   (A) ANY CONDUCT OR BEHAVIOR  RELATING  TO  SEXUAL  ACTIVITIES  OF  THE
 VICTIM,  INCLUDING  BUT NOT LIMITED TO PREVIOUS OR SUBSEQUENT EXPERIENCE
 OF SEXUAL PENETRATION OR SEXUAL CONTACT, USE OF  CONTRACEPTIVES,  LIVING
 ARRANGEMENT AND LIFESTYLE; OR
   (B) THE SEXUAL PREDISPOSITION OF THE VICTIM; OR
   (C) THE MANNER OF DRESS OF THE VICTIM.
   2. THE FOLLOWING EVIDENCE SHALL NOT BE DISCOVERABLE OR ADMISSIBLE IN A
 CIVIL ACTION OR PROCEEDING:
   (A)  EVIDENCE  OF  THE  VICTIM'S  OR  ALLEGED VICTIM'S PREVIOUS SEXUAL
 CONDUCT SHALL NOT BE DISCOVERABLE OR ADMITTED, NOR REFERENCE MADE TO  IT
 IN  THE  PRESENCE  OF A JURY, EXCEPT AS PROVIDED IN THIS SECTION. WHEN A
 DEFENDANT SEEKS TO DISCOVER OR ADMIT SUCH EVIDENCE FOR ANY PURPOSE,  THE
 DEFENDANT  SHALL  APPLY  FOR  AN ORDER OF THE COURT. AFTER THE MOTION IS
 MADE, THE COURT SHALL CONDUCT A HEARING TO DETERMINE THE DISCOVERABILITY
 OR ADMISSIBILITY OF SUCH EVIDENCE. UPON THE HEARING AND DETERMINATION OF
 SUCH A MOTION, THERE SHALL BE A PRESUMPTION THAT ANY SUCH REFERENCE TO A
 VICTIM'S SEXUAL CONDUCT IS BOTH INADMISSIBLE AS EVIDENCE AND NOT SUBJECT
 TO DISCLOSURE. IF THE COURT FINDS THAT EVIDENCE OFFERED BY THE DEFENDANT
 REGARDING THE SEXUAL CONDUCT OF THE VICTIM OR ALLEGED VICTIM IS RELEVANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13887-01-5
              

 A. 9186                             2
 
 AND THAT ITS PROBATIVE VALUE SUBSTANTIALLY OUTWEIGHS THE DANGER OF HARM,
 SHAME OR EMBARRASSMENT TO ANY VICTIM OR ALLEGED VICTIM; AND  THE  PROBA-
 TIVE  VALUE  OF THE EVIDENCE OFFERED IS NOT OUTWEIGHED BY ITS COLLATERAL
 NATURE OR BY THE PROBABILITY THAT ITS ADMISSION WILL CREATE UNDUE PREJU-
 DICE, CONFUSION OF THE ISSUES, OR UNWARRANTED INVASION OF THE PRIVACY OF
 THE VICTIM OR ALLEGED VICTIM, OR LEAD TO HARM, SHAME OR EMBARRASSMENT ON
 THE PART OF THE VICTIM OR ALLEGED VICTIM; THE COURT SHALL ENTER AN ORDER
 SETTING FORTH WITH SPECIFICITY WHAT EVIDENCE MAY BE DISCOVERED OR INTRO-
 DUCED  AND THE NATURE OF THE QUESTIONS WHICH SHALL BE PERMITTED, AND THE
 REASONS WHY THE COURT FINDS THAT SUCH EVIDENCE SATISFIES  THE  STANDARDS
 CONTAINED  IN  THIS  SECTION.  THE  DEFENDANT MAY THEN DISCOVER OR OFFER
 EVIDENCE UNDER THE ORDER OF THE COURT;
   (B) UNLESS THE COURT ORDERS OTHERWISE, THE MOTION, RELATED  MATERIALS,
 AND  THE  RECORD  OF THE HEARING UNDER PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE AND REMAIN SEALED;
   (C) EVIDENCE OF THE  VICTIM'S  OR  ALLEGED  VICTIM'S  PREVIOUS  SEXUAL
 CONDUCT  SHALL  NOT  BE DISCOVERABLE OR CONSIDERED RELEVANT UNLESS IT IS
 MATERIAL TO PROVING THAT THE SOURCE OF SEMEN, PREGNANCY OR DISEASE IS  A
 PERSON OTHER THAN THE DEFENDANT OR THE ALLEGED PERPETRATOR;
   (D)  EVIDENCE  OF THE MANNER IN WHICH THE VICTIM OR ALLEGED VICTIM WAS
 DRESSED AT THE TIME OF THE COMMISSION OF  A  SEXUAL  OFFENSE  OR  SEXUAL
 MISCONDUCT  SHALL NOT BE ADMITTED, UNLESS SUCH EVIDENCE IS DETERMINED BY
 THE COURT TO BE RELEVANT AND ADMISSIBLE IN  THE  INTERESTS  OF  JUSTICE,
 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  A
 STATEMENT BY THE COURT OF ITS FINDINGS OF FACT ESSENTIAL TO ITS DETERMI-
 NATION; AND
   (E)  THE  COURT  MAY  ADMIT EVIDENCE OF A VICTIM'S OR ALLEGED VICTIM'S
 REPUTATION ONLY IF SUCH VICTIM  OR  ALLEGED  VICTIM  HAS  PLACED  IT  IN
 CONTROVERSY.
   § 2. This act shall take effect immediately.