Senate Bill S1640A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1640--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sens.  FERNANDEZ,  BORRELLO,  ROLISON  -- read twice and
   ordered printed, and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04985-03-5
              

 S. 1640--A                          2
 
 MIND  OF  THE COMPLAINANT AND OTHER WITNESSES; (C) EXPLAINING THE NATURE
 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.