Bill Text: NY A08872 | 2021-2022 | General Assembly | Amended

---

Bill Title: Prohibits the admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions or proceedings; provides limited exceptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-10 - print number 8872a [A08872 Detail]

Download: New_York-2021-A08872-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         8872--A

                   IN ASSEMBLY

                                    January 19, 2022
                                       ___________

        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Judiciary -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee

        AN  ACT to amend the civil practice law and rules, in relation to admis-
          sibility of evidence of a victim's sexual conduct, sexual  predisposi-
          tion, or manner of dress

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4550 to read as follows:
     3    § 4550. Admissibility of evidence of victim's sexual  conduct,  sexual
     4  predisposition,  or manner of dress. The following evidence shall not be
     5  discoverable or admissible in a civil action or proceeding:
     6    (a) Evidence of the  victim's  or  alleged  victim's  previous  sexual
     7  conduct  or sexual predisposition shall not be discoverable or admitted,
     8  nor reference made to it in the presence of a jury, except  as  provided
     9  in  this  section.  When  a  defendant  seeks  to discover or admit such
    10  evidence for any purpose, the defendant shall apply for an order of  the
    11  court.    After the motion is made, the court shall conduct a hearing in
    12  camera  to  determine  the  discoverability  or  admissibility  of  such
    13  evidence.  Upon  the  hearing  and determination of such a motion, there
    14  shall be a presumption that any such  reference  to  a  victim's  sexual
    15  conduct,  sexual predisposition or manner of dress, is both inadmissible
    16  as evidence and not subject to  disclosure.  If  the  court  finds  that
    17  evidence  offered  by the defendant regarding the sexual conduct, sexual
    18  predisposition, or manner of dress of the victim or  alleged  victim  is
    19  relevant and that its probative value substantially outweighs the danger
    20  of harm, shame or embarrassment to any victim or alleged victim; and the
    21  probative value of the evidence offered is not outweighed by its collat-
    22  eral  nature  or by the probability that its admission will create undue
    23  prejudice, confusion of the  issues,  or  unwarranted  invasion  of  the
    24  privacy  of  the  victim  or  alleged  victim, or lead to harm, shame or
    25  embarrassment on the part of the victim or  alleged  victim;  the  court
    26  shall enter an order setting forth with specificity what evidence may be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10671-02-2
        A. 8872--A                          2

     1  discovered  or introduced and the nature of the questions which shall be
     2  permitted, and the reasons why the court finds that such evidence satis-
     3  fies the standards contained in this section.  The  defendant  may  then
     4  discover or offer evidence under the order of the court.
     5    (b)  Unless the court orders otherwise, the motion, related materials,
     6  and the record of the hearing under  subdivision  (a)  of  this  section
     7  shall be and remain sealed.
     8    (c)  Evidence  of  the  victim's  or  alleged victim's previous sexual
     9  conduct shall not be discoverable or considered relevant  unless  it  is
    10  material  to proving that the source of semen, pregnancy or disease is a
    11  person other than the defendant or  the  alleged  perpetrator.  For  the
    12  purposes  of  this  section,  "sexual conduct" shall mean any conduct or
    13  behavior relating to sexual activities of the victim, including but  not
    14  limited  to  previous  or subsequent experience of sexual penetration or
    15  sexual contact, use  of  contraceptives,  living  arrangement  and  life
    16  style.
    17    (d)  Evidence  of the manner in which the victim or alleged victim was
    18  dressed at the time of the commission of  a  sexual  offense  or  sexual
    19  misconduct  shall not be admitted, unless such evidence is determined by
    20  the court to be relevant and admissible in  the  interests  of  justice,
    21  after  an  offer  of proof by the proponent of such evidence outside the
    22  hearing of the jury, or such hearing as the court  may  require,  and  a
    23  statement by the court of its findings of fact essential to its determi-
    24  nation.
    25    (e)  The  court  may  admit evidence of a victim's or alleged victim's
    26  reputation only if such victim  or  alleged  victim  has  placed  it  in
    27  controversy.
    28    § 2. This act shall take effect immediately.