Bill Text: NY A09103 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 9103 (Prior Session Legislation)

Introduced

Bill Title: Provides for the admissibility of a victim's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-21 - referred to codes [A09103 Detail]

Download: New_York-2019-A09103-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          9103

                   IN ASSEMBLY

                                    January 21, 2020
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation to admissibility
          of victim's outcry and disclosures in cases of sexual abuse

          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 60.41 to read as follows:
     3  § 60.41 Rules  of  evidence;  admissibility of outcry and disclosures in
     4            cases of sexual abuse.
     5    1. Evidence that a victim disclosed or failed to disclose the  alleged
     6  sexual  abuse, or any portion thereof, to another person shall be admis-
     7  sible on the prosecution's case-in-chief, including  during  the  direct
     8  examination  of relevant witnesses in a prosecution for an offense or an
     9  attempt to commit an offense defined in article one  hundred  thirty  or
    10  two  hundred  sixty-three or section 255.25, 255.26, 255.27 or 260.10 of
    11  the penal law.
    12    2. Such testimony may come from the victim and  also  from  any  other
    13  person  who heard or saw said disclosure, and such testimony may include
    14  multiple disclosures if applicable. Such testimony shall include but  is
    15  not limited to (a) the details of the complaint itself, (b) the demeanor
    16  of  the  victim,  (c) any witness at the time of the disclosure, and (d)
    17  any surrounding circumstances or statements that give meaningful context
    18  to the disclosure.
    19    3. Such testimony shall not be admissible for the truth of the  matter
    20  or  matters  asserted  therein, but only for limited purposes including,
    21  but not limited to (a) providing context and background to  the  allega-
    22  tions  charged,  (b)  demonstrating  the state of mind of the victim and
    23  other witnesses, (c) explaining the nature of the timing and  delay,  if
    24  any,  of  any disclosures of abuse, and (d) assisting the jury to deter-
    25  mine whether or not to credit the  victim's  testimony.  Upon  receiving
    26  testimony  into evidence during any proceeding, the court shall instruct
    27  the jury as to the permissible uses of such testimony.
    28    § 2. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14283-01-9