New York Assembly Bill A04992 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4992--A 2023-2024 Regular Sessions  IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. PAULIN, DINOWITZ, GUNTHER, BURDICK, RAGA, SIMON, GLICK, HEVESI, SHIMSKY, WALLACE, LUNSFORD, SANTABARBARA, FAHY, CURRAN -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to allowing evidence of a defendant's prior sexual assault to be admissible in a sexual assault proceeding The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 60.77 to read as follows: 3 § 60.77 Rules of evidence; admissibility of defendant committing another 4 sexual offense in a sexual offense case. 5 1. In a criminal proceeding in which a defendant is accused of a sexu- 6 al offense, the court may admit evidence that the defendant committed 7 any other sexual offense. Such evidence may be considered on any matter 8 to which it is relevant, including to prove that the defendant acted in 9 conformity therewith or had a propensity to engage in similar wrongful 10 acts. 11 2. The court, in its discretion, may exclude such evidence if its 12 probative value is outweighed by the probability that its admission will 13 create undue prejudice to the defendant. 14 3. For purposes of this section, "sexual offense" shall include an act 15 committed in any jurisdiction that involves conduct proscribed by any 16 section of article one hundred thirty of the penal law, or by section 17 230.34 or 230.34-a of the penal law. 18 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02949-09-4