Relates to disqualification of employment for criminal history and the definition of ability to consent; provides hearsay exception for developmentally disabled

BILL NUMBER:S3803

Title of bill

An act to amend the criminal procedure law, in relation to providing an exception to the hearsay rule to allow testimony from persons with developmental disabilities

Purpose or general idea of bill

Establishes the exception to hearsay rule for persons with Developmental Disabilities.

Summary of specific provisions

This Bill creates a statutory exception to the "hearsay rule" to allow an otherwise inadmissible statement made by a victim with developmental disabilities to be used in court if deemed reliable by a judge.

Justification

Research shows that 80 percent of developmentally disabled women and 32 Percent of developmentally disabled men have been the victims of sexual assault, however, less than one percent of prosecuted sexual assault cases involve developmentally disabled victims. These cases are often not prosecuted because individuals with developmental disabilities have a perceived lack of credibility and can have severely limited mean of communications. By allowing the developmentally disabled to provide statements to those close to them or in the communicative means most comfortable to them they are able to provide effective testimony.

This legislation also provides protections for the accused by mandating detailed jury instructions and corroborating evidence at trial, Seven other states have enacted similar legislation.

This legislation is critical to strengthen protections for our vulnerable populations and hold the guilty accountable.

Legislative history

2012 - A10285 Codes Committee/S7375 Rules

Fiscal implications

To be determined.

Effective date

Immediately.