New York A 123: Relates to insurance reserve funds for the Bedford central school district

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 
A00123 Summary:

BILL NOA00123 

&nbsp

SAME ASSAME AS S09632

&nbsp

SPONSORCruz

&nbsp

COSPNSRJackson, Dilan, Simone, Taylor, Raga, Levenberg, Cunningham, Chandler-Waterman, Tapia, Walker,
 Bichotte Hermelyn, Rivera, Gonzalez-Rojas, Meeks, Rosenthal, Romero, Bronson, Seawright, Solages,
 Lavine, Epstein, Weprin, Wright, Clark, Mitaynes, Gibbs, Carroll R, Burroughs, Burdick, Forrest,
 Dais, Hevesi, Gallagher, Anderson, Lee, Simon, Hooks

&nbsp

MLTSPNSR

&nbsp

Add §60.77, amd §1.20, CP L

&nbsp

Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.

Go to top A00123 Actions:

BILL NOA00123 

&nbsp

01/08/2025referred to codes

02/25/2025reported 

02/27/2025advanced to third reading cal.24

03/03/2025substituted by s464

&nbspS00464 AMEND= HOYLMAN-SIGAL

&nbsp01/07/2026ordered to third reading cal.5

&nbsp01/08/2025REFERRED TO CODES

&nbsp01/27/20251ST REPORT CAL.175

&nbsp01/28/20252ND REPORT CAL.

&nbsp02/03/2025ADVANCED TO THIRD READING 

&nbsp03/03/2025PASSED SENATE

&nbsp03/03/2025DELIVERED TO ASSEMBLY

&nbsp03/03/2025referred to codes

&nbsp03/03/2025substituted for a123

&nbsp03/03/2025ordered to third reading cal.24

Go to topA00123 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:02/25/2025AYE/NAY:15/6 Action: Favorable DinowitzAyeMorinelloNay

CookExcusedReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA00123 Floor&nbspVotes:

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

Go to topA00123 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 123

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. CRUZ, JACKSON, DILAN, SIMONE, TAYLOR, RAGA,
 LEVENBERG, CUNNINGHAM, CHANDLER-WATERMAN, TAPIA, WALKER,
 BICHOTTE HERMELYN, RIVERA, GONZALEZ-ROJAS, MEEKS, ROSENTHAL -- read
 once and referred to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to rules of
 evidence concerning the admissibility of evidence of a defendant's
 creative expression

 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 60.77 to read as follows:
 3 § 60.77 Rules of evidence; admissibility of evidence of defendant's
 4 creative expression.
 5 1. Evidence of a defendant's creative or artistic expression, whether
 6 original or derivative, may not be received into evidence against such
 7 defendant in a criminal proceeding unless such evidence is determined by
 8 the court to be relevant and admissible, after an offer of proof by the
 9 proponent of such evidence outside the hearing of the jury, or such
 10 hearing as the court may require, and an on-the-record statement by the
 11 court of the findings of fact essential to its determination.
 12 2. In order to overcome the presumption of inadmissibility of evidence
 13 of defendant's creative expression, the proffering party must affirma-
 14 tively prove by clear and convincing evidence:
 15 (a) literal, rather than figurative or fictional, meaning and, where
 16 the work is derivative, that the defendant intended to adopt the literal
 17 meaning of the work as the defendant's own thought or statement;
 18 (b) a strong factual nexus indicating that the creative expression
 19 refers to the specific facts of the crime alleged;
 20 (c) relevance to an issue of fact that is disputed; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00146-01-5

 A. 123 2

 1 (d) distinct probative value not provided by other admissible
 2 evidence.
 3 3. Where the court admits creative expression as criminal evidence,
 4 the court has a duty to apply careful redactions, provide limiting
 5 instructions, and consider the least prejudicial means of presenting the
 6 creative expression to the fact-finder.