What's happening
This bill amends the rules of evidence to further limit when a sex offense victim's sexual history can be admitted in court.
Why it matters
Eliminates the ability for the defense to bring up a sex offense victim’s prior conviction for prostitution (Penal Law §230.00) within three years of the alleged offense. removing a route previously used to challenge credibility or imply consent.
Narrows the circumstances under which a victim’s sexual history can be discussed in court. , protecting victims from invasive or prejudicial questioning and reducing the risk of victim-blaming during trials.
Prioritizes the privacy and dignity of sex offense victims. , which may encourage more victims to come forward and participate in prosecutions without fear of having their unrelated past sexual conduct used against them.
Maintains exceptions only for specific, limited circumstances. (such as prior sexual history with the accused, or to rebut certain prosecution claims), ensuring the defense can still present relevant evidence while minimizing unnecessary exposure of a victim’s sexual past.
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Who cares
Headline styles
Ban Prostitution History Evidence
Plain English, a few words. Used as the page title.
Sponsors
18 Co-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
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
281
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, PAULIN, JAFFEE, CAHILL, SIMOTAS -- 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 essen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01388-01-9
A. 281 2
tial 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.
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.