NY State Senate Bill 2025-S1640A

Senate Bill S1640A

2025-2026 Legislative Session

Provides for the admissibility of a complainant's outcry and disclosures in cases of sexual abuse

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Current Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2025	print number 1640a
May 01, 2025	amend (t) and recommit to codes
Jan 13, 2025	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S1640 - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §60.41, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7247
2021-2022: S745
2023-2024: S4424

2025-S1640 - Summary

Provides for the admissibility of a complainant's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.

2025-S1640 - Sponsor Memo

                                 
BILL NUMBER: S1640

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to admissibility
of victim's outcry and disclosures in cases of sexual abuse

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow testimony of a victim's disclosure of sexual assault, known as
an "outcry," regardless of when that disclosure was made relative to
their abuse.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Criminal Procedure Law by adding section 60.41, to
provide for the admissibility of a victim's outcry and disclosures in
cases of sexual abuse.

Section 2 sets for the effective date.

 
JUSTIFICATION:

Under current law, in the vast majority of cases, evidence of how and
when a victim of sexual abuse disclosed their assault is only admissible
if the disclosure was made promptly after the alleged assault occurred.
In contrast, 48 other states allow evidence about how and when a victim
disclosed their assault to be admitted even if the disclosure was
delayed.

Victims of sexual assault and abuse, especially children, often wait
months or years to disclose their assault to others. Sexual assault
causes significant psychological trauma that can manifest differently in
every victim. Survivors may feel fear, shame, embarrassment, or
confusion, all of which may lead them to wait to disclose their assault
or never disclose it. This is compounded in cases whether the survivor
is close to the individual who assaulted them or relies on the perpetra-
tor for care. The current rule ignores the trauma victims go through by
assuming that all victims will report their assault immediately. More-
over, it assumes that victims who disclose promptly are more reliable
than those who wait longer before sharing what happened to them. There
is no evidence that a prompt outcry is more credible than a delayed
outcry.

In cases of delayed disclosure of sexual assault, prosecutors already
face challenges charging the case. By the time an individual reports
their alleged assault to the authorities, there is often little physical
evidence of the crime. As a result, being able to use the testimony of
individuals to whom the victim disclosed their assault is key to helping
juries determine whether the allegations of the victim are credible.
Despite the importance of this testimony, under current New York law,
the common rules of evidence consider such testimony as hearsay,which is
inadmissible in court. The only way outcry testimony is allowed is if
the victim disclosed their assault promptly after it occurred. In those
cases, the only information the person to whom the disclosure was made
can share is that a complaint of a sexual nature was made to them. This
denies the jury crucial information about the content of that complaint.

This legislation would amend New York's Criminal Procedure Law to
reflect the realities of trauma by allowing evidence of how and when a
victim disclosed assault, regardless of when that disclosure occurred.
New York's current outcry rule reflects an antiquated understanding of
sexual assault and undermines the pursuit of justice in sexual assault
cases.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S4424

2021-2022: S745

2020: S7247 / A9103

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S1640 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1640
 
                        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
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04985-01-5

 S. 1640                             2
 
 MINE WHETHER OR NOT TO CREDIT THE  VICTIM'S  TESTIMONY.  UPON  RECEIVING
 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.

co-Sponsors

2025-S1640A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §60.41, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7247
2021-2022: S745
2023-2024: S4424

2025-S1640A (ACTIVE) - Summary

Provides for the admissibility of a complainant's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.

2025-S1640A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1640A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to admissibility
of a complainant's outcry and disclosures in cases of sexual abuse

 
PURPOSE OR GENERAL IDEA OF BILL::

To allow testimony of a victim's disclosure of sexual assault, known as
an "outcry," regardless of when that disclosure was made relative to
their abuse.

 
SUMMARY OF PROVISIONS::

Section 1 amends the Criminal Procedure Law by adding section 60.41, to
provide for the admissibility of a victim's outcry and disclosures in
cases of sexual abuse.

Section 2 sets for the effective date.

 
JUSTIFICATION::

Under current law, in the vast majority of cases, evidence of how and
when a victim of sexual abuse disclosed their assault is only admissible
if the disclosure was made promptly after the alleged assault occurred.
In contrast, 48 other states allow evidence about how and when a victim
disclosed their assault to be admitted even if the disclosure was
delayed.

Victims of sexual assault and abuse, especially children, often wait
months or years to disclose their assault to others. Sexual assault
causes significant psychological trauma that can manifest differently in
every victim. Survivors may feel fear, shame, embarrassment, or
confusion, all of which may lead them to wait to disclose their assault
or never disclose it. This is compounded in cases whether the survivor
is close to the individual who assaulted them or relies on the perpetra-
tor for care. The current rule ignores the trauma victims go through by
assuming that all victims will report their assault immediately. More-
over, it assumes that victims who disclose promptly are more reliable
than those who wait longer before sharing what happened to them. There
is no evidence that a prompt outcry is more credible than a delayed
outcry.

In cases of delayed disclosure of sexual assault, prosecutors already
face challenges charging the case. By the time an individual reports
their alleged assault to the authorities, there is often little physical
evidence of the crime. As a result, being able to use the testimony of
individuals to whom the victim disclosed their assault is key to helping
juries determine whether the allegations of the victim are credible.
Despite the importance of this testimony, under current New York law,
the common rules of evidence consider such testimony as hearsay,which is
inadmissible in court. The only way outcry testimony is allowed is if
the victim disclosed their assault promptly after it occurred. In those
cases, the only information the person to whom the disclosure was made
can share is that a complaint of a sexual nature was made to them. This
denies the jury crucial information about the content of that complaint.

This legislation would amend New York's Criminal Procedure Law to
reflect the realities of trauma by allowing evidence of how and when a
victim disclosed assault, regardless of when that disclosure occurred.
New York's current outcry rule reflects an antiquated understanding of
sexual assault and, undermines the pursuit of justice in sexual assault
cases.

 
PRIOR LEGISLATIVE HISTORY::

2023-2024: S4424

2021-2022: S745

2020: S7247 / A9103

 
FISCAL IMPLICATIONS::

TBD

 
EFFECTIVE DATE::

This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S1640A (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S1640A

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

George M. Borrello

Rob Rolison

2025-S1640 - Details

2025-S1640 - Summary

2025-S1640 - Sponsor Memo

2025-S1640 - Bill Text download pdf

co-Sponsors

George M. Borrello

Rob Rolison

2025-S1640A (ACTIVE) - Details

2025-S1640A (ACTIVE) - Summary

2025-S1640A (ACTIVE) - Sponsor Memo

2025-S1640A (ACTIVE) - Bill Text download pdf

Comments