STATE OF NEW YORK
________________________________________________________________________
4992--B
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. PAULIN, DINOWITZ, GUNTHER, BURDICK, RAGA, SIMON,
GLICK, HEVESI, SHIMSKY, WALLACE, SANTABARBARA, FAHY, CURRAN, L. ROSEN-
THAL, SEAWRIGHT, McDONALD, CONRAD, THIELE, ARDILA, KIM, COLTON, LEE,
PHEFFER AMATO, SIMONE, EACHUS, ZACCARO, PRETLOW, LEVENBERG, McDONOUGH,
HUNTER, ROZIC, BARRETT, STIRPE, CLARK, BUTTENSCHON, STERN -- 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 -- again reported from said committee with amend-
ments, 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, evidence of any other crime, wrong, or
6 act may be admissible for any non-propensity purpose, such as proving
7 motive, opportunity, intent, preparation, plan, knowledge, state of mind
8 of the defendant, state of mind of the victim or other party, identity,
9 absence of mistake, lack of accident, modus operandi, common scheme or
10 plan, or any other non-propensity purpose.
11 2. In a criminal proceeding in which a defendant is accused of a sexu-
12 al offense, the court may admit evidence that the defendant committed
13 any other sexual offense. Such evidence may be considered on any matter
14 to which it is relevant.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02949-10-4
A. 4992--B 2
1 3. The court, in its discretion, may exclude evidence described in
2 this section if its probative value is outweighed by the probability
3 that its admission will create undue prejudice to the defendant.
4 4. For purposes of this section, "sexual offense" shall include an act
5 committed in any jurisdiction that involves conduct proscribed by any
6 section of article one hundred thirty of the penal law, or by section
7 230.34 or 230.34-a of the penal law.
8 § 2. This act shall take effect immediately.
