New York Senate Bill S01640 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1640 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 60.41 to read as follows: 3 § 60.41 Rules of evidence; admissibility of outcry and disclosures in 4 cases of sexual abuse. 5 1. Evidence that a victim disclosed or failed to disclose the alleged 6 sexual abuse, or any portion thereof, to another person shall be admis- 7 sible on the prosecution's case-in-chief, including during the direct 8 examination of relevant witnesses in a prosecution for an offense or an 9 attempt to commit an offense defined in article one hundred thirty or 10 two hundred sixty-three or section 255.25, 255.26, 255.27 or 260.10 of 11 the penal law. 12 2. Such testimony may come from the victim and also from any other 13 person who heard or saw said disclosure, and such testimony may include 14 multiple disclosures if applicable. Such testimony shall include but is 15 not limited to (a) the details of the complaint itself, (b) the demeanor 16 of the victim, (c) any witness at the time of the disclosure, and (d) 17 any surrounding circumstances or statements that give meaningful context 18 to the disclosure. 19 3. Such testimony shall not be admissible for the truth of the matter 20 or matters asserted therein, but only for limited purposes including, 21 but not limited to (a) providing context and background to the allega- 22 tions charged, (b) demonstrating the state of mind of the victim and 23 other witnesses, (c) explaining the nature of the timing and delay, if 24 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 1 mine whether or not to credit the victim's testimony. Upon receiving 2 testimony into evidence during any proceeding, the court shall instruct 3 the jury as to the permissible uses of such testimony. 4 § 2. This act shall take effect on the ninetieth day after it shall 5 have become a law.