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NY S00994

Bill

Status

Introduced

1/9/2023

Primary Sponsor

Brad Hoylman-Sigal

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • Adds new section 4550 to Civil Practice Law and Rules to prohibit discovery and admission of evidence regarding a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions

  • Requires defendants seeking such evidence to apply for a court order, with the court conducting an in-camera hearing; creates a presumption that such evidence is inadmissible unless the defendant proves its probative value substantially outweighs potential harm, shame, or embarrassment to the victim

  • Limits admissibility of evidence about a victim's previous sexual conduct only to proving that the source of semen, pregnancy, or disease is someone other than the defendant or alleged perpetrator

  • Prohibits admission of evidence about how a victim was dressed at the time of a sexual offense unless the court determines it is relevant and admissible in the interests of justice after an offer of proof outside the jury's hearing

  • Requires the motion, related materials, and hearing records to be sealed unless the court orders otherwise; permits admission of a victim's reputation only if the victim has placed it in controversy

Legislative Description

Prohibits the admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions or proceedings; provides limited exceptions.

Last Action

COMMITTED TO RULES

6/7/2024

Committee Referrals

Rules6/7/2024
Judiciary1/3/2024
Rules6/10/2023
Judiciary1/9/2023

Full Bill Text

No bill text available