What's happening
This bill removes the allowance of evidence regarding a victim's prior prostitution convictions in sex offense cases.
Why it matters
Protects victims of sexual offenses from having past prostitution convictions used against them in court. , which may reduce the likelihood of victim-blaming and encourage more survivors to come forward.
Addresses potential bias in sex offense trials. by preventing the introduction of evidence that could unfairly influence juries against victims based on their past, rather than focusing on the facts of the current case.
Shifts the legal standard toward greater privacy and dignity for victims. , aligning with broader efforts to treat individuals involved in prostitution as victims rather than criminals, especially in the context of sexual violence.
May impact the strategy and outcomes of sex offense prosecutions and defenses. , as defense attorneys can no longer use prior prostitution convictions to challenge the credibility of the victim.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Bar Prostitution Conviction Evidence
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Bar Prostitution Conviction Evidence
In Senate Committee · Codes · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2240
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. ROSENTHAL, GOTTFRIED, PAULIN, JAFFEE, CAHILL -- Multi-Sponsored by -- M. of A. GLICK, PERRY -- read once and referred 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 Assembly, 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: § 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 essential to its determination, to be relevant and admissible in the interests of justice.
§ 2. This act shall take effect on the first of November next succeeding 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.
LBD05369-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.