Bill S1233-2011

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

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.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 6, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1233

TITLE OF BILL:

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

PURPOSE:

To include sex workers under the rape shield law when they become victims of a sexual assault.

SUMMARY OF PROVISIONS:

Section One of the bill amends Section 60.42 of the criminal procedure law to state that evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense that proves or tends to prove specific instances of the victim's prior sexual conduct with the accused regardless if the victim has been convicted of an offense under section 230.00 of the penal law three years prior to the sex offense which is the subject of the prosecution.

EXISTING LAW:

New bill.

JUSTIFICATION:

Under current law, women convicted of a sex offense under section 230.00 within three years are not subject to the protections of the rape shield law. All women of sexual crimes should be afforded the protections granted under the rape shield law.

PRIOR LEGISLATIVE HISTORY:

2008: S.7357 (Duane), Died in Codes; A.10579 (Rosenthal), Died in Codes 2009: S.2668 (Duane), Died in Codes; A.6293 (Rosenthal), Died in Codes 2010: S.2668 (Duane), Died on Third Reading; A.6293 (Rosenthal), Died in Codes FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1233 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sen. DUANE -- 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 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- tial to its determination, to be relevant and admissible in the inter- ests of justice. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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