Loading chat...
NY S00994
Bill
Status
1/9/2023
Primary Sponsor
Brad Hoylman-Sigal
Click for details
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