What's happening
This bill allows out-of-court statements from people with developmental disabilities to be admitted as evidence in certain criminal and civil cases, creating a hearsay exception.
Why it matters
Expands access to justice for people with developmental disabilities. By allowing their reliable out-of-court statements as evidence, the bill addresses barriers these individuals often face testifying in court, increasing the likelihood that offenses against them can be prosecuted or remedied.
Targets serious offenses and vulnerable victims. The hearsay exception specifically applies to cases involving sexual offenses, trafficking, incest, child abuse/neglect, domestic violence, and related crimes—areas where victims with developmental disabilities are often at heightened risk and may struggle to communicate experiences through traditional testimony.
Imposes safeguards to ensure reliability and fairness. Courts must assess whether the statements are trustworthy, considering timing, content, and context. Statements are only admitted if the person testifies, their statement is non-testimonial, or (if unavailable) the defendant previously had a chance to cross-examine, plus there is corroborating evidence—balancing protection for the accused with the need for victim testimony.
Requires jury guidance and notice to the defense. Judges must instruct juries on how to evaluate such statements’ credibility, and prosecutors must provide advance notice to the defense when intending to use them—helping ensure a fair trial and informed deliberation.
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
Allow Disabled Victims’ Testimony
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1077
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 60.77 to read as follows: § 60.77 Statements of persons with developmental disabilities; hearsay
exception.
1. An out-of-court statement made by a person with a developmental disability, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law, not otherwise admissible by a statute or court rule that provides an exception to the objection of hearsay is admissible in any criminal or delinquency proceeding in which the person is alleged to have been a victim if the conditions of subdivision five of this section are satisfied.
2. (a) An out-of-court statement made by a person with a developmental disability, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law, that describes all or part of an offense described in paragraph (b) of this subdivision performed with, by, on, or in the presence of the declarant, and that is not otherwise admissible by a statute or court rule that provides an exception to the objection of hearsay, is admissible in any criminal, delinquency, or civil proceeding if the conditions of subdivision five of this section are satisfied.
(b) The exception described in paragraph (a) of this subdivision applies to an out-of-court statement made by a person with a developmental disability, which statement describes all or part of any of the following offenses:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01802-01-7
S. 1077 2
(i) any offense described in article one hundred thirty of the penal law;
(ii) labor trafficking as described in section 135.35 of the penal law;
(iii) an offense involving incest as described in section 255.25, 255.26 or 255.27 of the penal law;
(iv) sex trafficking as described in section 230.34 of the penal law;
(v) any offense described in article two hundred thirty-five of the penal law;
(vi) criminal attempt to commit any of the acts specified in this paragraph.
3. An out-of-court statement by a person with a developmental disability, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law, that describes any act of child abuse, child neglect or child maltreatment to which the declarant was subjected or which the declarant witnessed, and that is not otherwise admissible by a statute or court rule that provides an exception to the objection of hearsay, is admissible in evidence in any criminal, delinquency, or civil proceeding in which a child is alleged to be a victim of child abuse, neglect or maltreatment, if the conditions of subdivision five of this section are satisfied.
4. An out-of-court statement made by a person with a developmental disability, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law, that describes all or part of an offense contained in article one hundred twenty-five of the penal law, or that describes an act of domestic violence as defined in subdivision one of section four hundred eighty-one-c of the social services law, not otherwise admissible by statute or court rule that provides an exception to the objection of hearsay, is admissible in evidence in any criminal, delinquency, or civil proceeding if the conditions of subdivision five of this section are satisfied.
5. The exceptions to the objection of hearsay described in subdivisions one, two, three and four of this section shall apply only if the court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and either:
(a) the statement is a non-testimonial statement; or
(b) (i) the declarant testifies at the proceedings; or
(ii) if the declarant is unavailable to testify, the defendant has had an opportunity to cross-examine the declarant in a previous proceeding and there is corroborative evidence of the act which is the subject of the statement.
6. If a statement is admitted pursuant to this section, the court shall instruct the jury in the final written instructions that during the proceeding the jury heard evidence repeating a person's out-of-court statement, that it is for the jury to determine the weight and credit to be given the statement, and that, in making the determination, the jury shall consider the nature of the statement, the circumstances under which the statement was made, and any other relevant factor.
7. The proponent of the statement shall give the adverse party reasonable notice of his or her intention to offer the statement and the particulars of the statement.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
Establishes the exception to the hearsay rule for persons with Developmental Disabilities.
Summary of 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 has shown 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 means of communication.
By allowing these individuals 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 for protections for the accused by mandating detailed jury instructions and corroborating evidence at trial Currently more than seven states have enacted similar legislation. This legislation is critical to strengthening protections for our most vulnerable populations and to hold the guilty accountable for their actions.
Legislative history
2015-16: S987 - Codes Same as S.3803-2014-Codes Committee
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.