New York A 1703: Provides for the admission of evidence of proof of similar offenses in criminal and civil proceedings involving the commission of a sex offense

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A01703 Summary:

BILL NOA01703 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORMikulin

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §60.41, CP L; add §4552, CPLR

&nbsp

Provides for the admission of evidence of proof of similar offenses in criminal and civil proceedings involving the commission of a sex offense; provides for procedures therefor.

Go to top A01703 Actions:

BILL NOA01703 

&nbsp

01/14/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA01703 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA01703 Floor&nbspVotes:

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

Go to topA01703 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1703

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the criminal procedure law and the civil practice law
 and rules, in relation to admission of evidence of proof of similar
 sex offenses in criminal and civil proceedings involving the commis-
 sion of a sex offense

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 60.41 to read as follows:
 3 § 60.41 Rules of evidence; proof of similar offenses in sex offense
 4 cases.
 5 1. In a criminal proceeding in which the defendant is accused of a sex
 6 offense, evidence that the defendant was convicted of another sex
 7 offense or offenses is admissible, and may be considered for its bearing
 8 on any matter to which it is relevant.
 9 2. In a case in which the prosecution intends to offer evidence pursu-
 10 ant to this section, the prosecutor shall disclose the evidence to the
 11 defendant, including statements of witnesses or a summary of the
 12 substance of any testimony that is expected to be offered, at least
 13 fifteen days before the scheduled date of trial or at such later time as
 14 the court may allow for good cause.
 15 3. This section shall not be construed to limit the admission or
 16 consideration of evidence under any other provision of law.
 17 4. For purposes of this section, "sex offense" means a crime under
 18 federal law or the law of a state that involved:
 19 (a) any conduct proscribed by article one hundred thirty of the penal
 20 law;
 21 (b) contact, without consent, between any part of the defendant's body
 22 or an object and the genitals or anus of another person;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00192-01-5

 A. 1703 2

 1 (c) contact, without consent, between the genitals or anus of the
 2 defendant and any part of another person's body;
 3 (d) deriving sexual pleasure or gratification from the infliction of
 4 death, bodily injury, or physical pain on another person; or
 5 (e) an attempt or conspiracy to engage in conduct described in para-
 6 graphs (a) through (d) of this subdivision.
 7 § 2. The civil practice law and rules is amended by adding a new
 8 section 4552 to read as follows:
 9 § 4552. Proof of similar offenses in civil cases concerning sex
 10 offenses and child molestation. 1. In any action for damages or other
 11 relief predicated on a party's alleged commission of conduct constitut-
 12 ing a sex offense or child molestation, evidence of that party's commis-
 13 sion of another sex offense or child molestation shall be admissible
 14 for consideration by the court.
 15 2. A party who intends to offer evidence under this section shall
 16 disclose the evidence to the party against whom it will be offered,
 17 including statements of witnesses or a summary of the substance of any
 18 testimony that is expected to be offered, at least fifteen days before
 19 the scheduled date of trial or at such later time as the court may allow
 20 for good cause.
 21 3. T