Assembly Bill A1458

2011-2012 Legislative Session

Provides for evidence that proves or tends to prove that a victim has been convicted of a prostitution offense shall not be admissible

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Sponsored By

Archive: Last Bill Status - In Assembly 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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2011-A1458 (ACTIVE) - Details

See Senate Version of this Bill:
S1233
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.42, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6293, S2668
2013-2014: A705, S1286
2015-2016: A541, S594
2017-2018: A2240, S3633
2019-2020: A281, S4822
2021-2022: A165, S5272
2023-2024: A37, S6394

2011-A1458 (ACTIVE) - Summary

Removes from admissibility evidence that proves or tends to prove that a victim has been convicted of a prostitution offense within three years prior to the sex offense which is the subject of the prosecution.

2011-A1458 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1458

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M. of A. ROSENTHAL, GOTTFRIED, KELLNER, SCHIMEL, PAULIN,
  V. LOPEZ, N. RIVERA, PHEFFER, JAFFEE, CAHILL -- Multi-Sponsored by  --
  M.  of A. GLICK, WEISENBERG -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation to admissibility
  of a victim's sexual conduct in a sex offense

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  60.42 of the criminal procedure law, as added by
chapter 230 of the laws of 1975 and subdivision 3 as amended by  chapter
264 of the laws of 2003, is amended to read as follows:
S  60.42 Rules of evidence; admissibility of evidence of victim's sexual
          conduct in sex offense cases.
  Evidence of a victim's sexual conduct shall not  be  admissible  in  a
prosecution for an offense or an attempt to commit an offense defined in
article one hundred thirty of the penal law unless such evidence:
  1.  proves  or tends to prove specific instances of the victim's prior
sexual conduct with the accused; or
  2. [proves or tends to prove that the victim has been convicted of  an
offense  under  section 230.00 of the penal law within three years prior
to the sex offense which is the subject of the prosecution; or
  3.] rebuts evidence introduced by the people of the  victim's  failure
to  engage  in  sexual  intercourse,  oral  sexual  conduct, anal sexual
conduct or sexual contact during a given period of time; or
  [4.] 3. rebuts evidence introduced by the people which proves or tends
to prove that the accused is the cause of pregnancy or  disease  of  the
victim, or the source of semen found in the victim; or
  [5.]  4.  is  determined  by  the court after an offer of proof by the
accused outside the hearing of the jury, or such hearing  as  the  court
may require, and a statement by the court of its findings of fact essen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01138-01-1

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