New York A 104: Modifies the offense of forcible touching by removing the element of the actor's intent

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A00104 Summary:

BILL NOA00104 

&nbsp

SAME ASSAME AS S03980

&nbsp

SPONSORRosenthal (MS)

&nbsp

COSPNSRPaulin, Seawright, Cruz, Simon, Hyndman, Hevesi, Epstein

&nbsp

MLTSPNSRGlick

&nbsp

Amd §60.42, CP L

&nbsp

Removes from admissibility evidence that proves or tends to prove that a victim has been convicted of a prostitution offense within three years prior to the sex offense which is the subject of the prosecution.

Go to top A00104 Actions:

BILL NOA00104 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00104 Committee&nbspVotes:

Go to topA00104 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00104 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 104

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, PAULIN, SEAWRIGHT, CRUZ, SIMON, HYND-
 MAN, HEVESI, EPSTEIN -- Multi-Sponsored by -- M. of A. GLICK -- 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 Assem-
 bly, do enact as follows:

 1 Section 1. Section 60.42 of the criminal procedure law, as amended by
 2 section 1 of part R of chapter 55 of the laws of 2019 and subdivision 3
 3 as amended by chapter 777 of the laws of 2023, is amended to read as
 4 follows:
 5 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual
 6 conduct in sex offense cases.
 7 Evidence of a victim's sexual conduct shall not be admissible in a
 8 prosecution for an offense or an attempt to commit an offense defined in
 9 article one hundred thirty or in section 230.34 of the penal law unless
 10 such evidence:
 11 1. proves or tends to prove specific instances of the victim's prior
 12 sexual conduct with the accused; or
 13 2. [proves or tends to prove that the victim has been convicted of an
 14 offense under section 230.00 of the penal law within three years prior
 15 to the sex offense which is the subject of the prosecution; or
 16 3.] rebuts evidence introduced by the people of the victim's failure
 17 to engage in vaginal sexual contact, oral sexual contact, anal sexual
 18 contact or sexual contact during a given period of time; or
 19 [4.] 3. rebuts evidence introduced by the people which proves or tends
 20 to prove that the accused is the cause of pregnancy or disease of the
 21 victim, or the source of semen found in the victim; or
 22 [5.] 4. is determined by the court after an offer of proof by the
 23 accused outside the hearing of the jury, or such hearing as the court

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00640-01-5

 A. 104 2

 1 may require, and a statement by the court of its findings of fact essen-
 2 tial to its determination, to be relevant and admissible in the inter-
 3 ests of justice.
 4 § 2. This act shall take effect on the first of November next succeed-
 5 ing the date on which it shall have become a law.

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