Bill Text: NY S03922 | 2011-2012 | General Assembly | Introduced

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Bill Title: Permits certain out-of-court statements by a child less than twelve years old to be admissible in court in cases of sex offenses and where the child is unavailable or unwilling to testify, among other criteria.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CHILDREN AND FAMILIES [S03922 Detail]

Download: New_York-2011-S03922-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3922
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2011
                                      ___________
       Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       AN ACT to amend the criminal procedure law, in relation to admissibility
         of certain out-of-court statements by a child less than  twelve  years
         old
         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 60.47 to read as follows:
    3  S 60.47 RULES  OF EVIDENCE; ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATE-
    4            MENTS OF CHILDREN LESS THAN TWELVE YEARS OLD.
    5    THE COURT MAY DETERMINE THAT A STATEMENT OF THE COMPLAINING WITNESS IS
    6  NOT MADE INADMISSIBLE BY THE HEARSAY RULE IF THE COURT FINDS ALL OF  THE
    7  FOLLOWING:
    8    1.  THE  STATEMENT WAS MADE BY A CHILD LESS THAN TWELVE YEARS OLD, AND
    9  THE CONTENTS OF THE STATEMENT WERE INCLUDED IN A  WRITTEN  REPORT  OF  A
   10  LOCAL  OR  STATE  LAW  ENFORCEMENT OFFICIAL OR OF AN EMPLOYEE OF A LOCAL
   11  DEPARTMENT OF SOCIAL SERVICES OR OF THE OFFICE OF  CHILDREN  AND  FAMILY
   12  SERVICES.
   13    2.  THE  STATEMENT  DESCRIBES  THE  MINOR  CHILD  AS A VICTIM OF A SEX
   14  OFFENSE INCLUDED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
   15    3. THE STATEMENT SHOWED SPONTANEITY AND A CONSISTENT REPETITION OF THE
   16  FACTS, WAS STATED IN THE TERMINOLOGY CONSISTENT  WITH  THE  AGE  OF  THE
   17  CHILD, AND WAS REFLECTIVE OF THE MENTAL STATE OF THE CHILD.
   18    4.  THE  STATEMENT  WAS MADE BY A CHILD WHO HAD NO MOTIVE TO FABRICATE
   19  SUCH STATEMENT. THE COURT SHALL VIEW WITH CAUTION  THE  TESTIMONY  OF  A
   20  PERSON  RECOUNTING  HEARSAY  WHERE THERE IS EVIDENCE OF PERSONAL BIAS OR
   21  PREJUDICE.
   22    5. THE CHILD IS FOUND TO BE UNAVAILABLE OR REFUSES TO TESTIFY.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  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.
                                                                  LBD10045-01-1