Loading chat...

NY A03254

Bill

Status

Introduced

1/22/2021

Primary Sponsor

Andrew Hevesi

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Adds Criminal Procedure Law section 60.41 to establish rules for admitting victim outcry and disclosure evidence in sexual abuse prosecutions under Penal Law Article 130, Article 263, and sections 255.25, 255.26, 255.27, and 260.10.

  • Allows testimony from the victim and any other person who heard or witnessed the disclosure, including multiple disclosures, covering complaint details, victim demeanor, witness observations, and surrounding circumstances.

  • Restricts use of disclosure testimony to limited non-hearsay purposes: providing context, demonstrating victim and witness state of mind, explaining timing and delay of disclosures, and assisting jury credibility determinations.

  • Requires courts to instruct juries on permissible uses of disclosure testimony when admitted into evidence.

  • Takes effect 90 days after becoming law.

Legislative Description

Provides for the admissibility of a victim's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.

Last Action

enacting clause stricken

11/18/2022

Committee Referrals

Codes1/22/2021

Full Bill Text

No bill text available