New York A 9186: Relates to the admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress

Bill Text

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A09186 Summary:

BILL NOA09186 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Add §4552, CPLR

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Prohibits the introduction of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress; defines "sexual conduct"; requires the motion, related materials, and the record of the hearing be and remain sealed.

Go to top A09186 Actions:

BILL NOA09186 

&nbsp

11/03/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA09186 Committee&nbspVotes:

Go to topA09186 Floor&nbspVotes:

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

Go to topA09186 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9186

 2025-2026 Regular Sessions

 IN ASSEMBLY

 November 3, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to the
 admissibility of evidence of a victim's sexual conduct, sexual predis-
 position, or manner of dress

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

 1 Section 1. The civil practice law and rules is amended by adding a new
 2 section 4552 to read as follows:
 3 § 4552. Admissibility of evidence of victim's sexual conduct, sexual
 4 predisposition, or manner of dress. 1. For purposes of this section,
 5 "sexual conduct" shall include:
 6 (a) any conduct or behavior relating to sexual activities of the
 7 victim, including but not limited to previous or subsequent experience
 8 of sexual penetration or sexual contact, use of contraceptives, living
 9 arrangement and lifestyle; or
 10 (b) the sexual predisposition of the victim; or
 11 (c) the manner of dress of the victim.
 12 2. The following evidence shall not be discoverable or admissible in a
 13 civil action or proceeding:
 14 (a) Evidence of the victim's or alleged victim's previous sexual
 15 conduct shall not be discoverable or admitted, nor reference made to it
 16 in the presence of a jury, except as provided in this section. When a
 17 defendant seeks to discover or admit such evidence for any purpose, the
 18 defendant shall apply for an order of the court. After the motion is
 19 made, the court shall conduct a hearing to determine the discoverability
 20 or admissibility of such evidence. Upon the hearing and determination of
 21 such a motion, there shall be a presumption that any such reference to a
 22 victim's sexual conduct is both inadmissible as evidence and not subject
 23 to disclosure. If the court finds that evidence offered by the defendant
 24 regarding the sexual conduct of the victim or alleged victim is relevant

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13887-01-5

 A. 9186 2

 1 and that its probative value substantially outweighs the danger of harm,
 2 shame or embarrassment to any victim or alleged victim; and the proba-
 3 tive value of the evidence offered is not outweighed by its collateral
 4 nature or by the probability that its admission will create undue preju-
 5 dice, confusion of the issues, or unwarranted invasion of the privacy of
 6 the victim or alleged victim, or lead to harm, shame or embarrassment on
 7 the part of the victim or alleged victim; the court shall enter an order
 8 setting forth with specificity what evidence may be discovered or intro-
 9 duced and the nature of the questions which shall be permitted, and the
 10 reasons why the court finds that such evidence satisfies the standards
 11 contained in this section. The defendant may then discover or offer
 12 evidence under the order of the court;
 13 (b) Unless the court orders otherwise, the motion, related materials,
 14 and the record of the hearing under paragraph (a) of this subdivision
 15 shall be and remain sealed;
 16 (c) Evidence of the victim's or alleged victim's previous sexual
 17 conduct shall not be discoverable or considered relevant unless it is
 18 material to proving that the source of semen, pregnancy or disease is a
 19 person other than the defendant or the alleged perpetrator;
 20 (d) Evidence of the manner in which the victim or alleged victim was
 21 dressed at the time of the comm