S1233-2011 Actions

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

S1233-2011 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.

S1233-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1233
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01138-01-1

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