New York S 2695: Relates to the completion of training requirements for sheriffs and undersheriffs

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S02695 Summary:

BILL NOS02695 

&nbsp

SAME ASSAME AS A09417

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRCLEARE, FERNANDEZ, KRUEGER, MYRIE, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Add §4552, CPLR

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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.

Go to top S02695 Actions:

BILL NOS02695 

&nbsp

01/22/2025REFERRED TO JUDICIARY

03/11/20251ST REPORT CAL.537

03/12/20252ND REPORT CAL.

03/13/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

Go to topS02695 Committee&nbspVotes:

Go to topS02695 Floor&nbspVotes:

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

Go to topS02695 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2695

 2025-2026 Regular Sessions

 IN SENATE

 January 22, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, KRUEGER, MYRIE,
 SALAZAR -- read twice and ordered printed, and when printed to be
 committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to admis-
 sibility of evidence of a victim's sexual conduct, sexual predisposi-
 tion, 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. The following evidence shall not be
 5 discoverable or admissible in a civil action or proceeding:
 6 (a) Evidence of the victim's or alleged victim's previous sexual
 7 conduct or sexual predisposition shall not be discoverable or admitted,
 8 nor reference made to it in the presence of a jury, except as provided
 9 in this section. When a defendant seeks to discover or admit such
 10 evidence for any purpose, the defendant shall apply for an order of the
 11 court. After the motion is made, the court shall conduct a hearing in
 12 camera to determine the discoverability or admissibility of such
 13 evidence. Upon the hearing and determination of such a motion, there
 14 shall be a presumption that any such reference to a victim's sexual
 15 conduct, sexual predisposition or manner of dress, is both inadmissible
 16 as evidence and not subject to disclosure. If the court finds that
 17 evidence offered by the defendant regarding the sexual conduct, sexual
 18 predisposition, or manner of dress of the victim or alleged victim is
 19 relevant and that its probative value substantially outweighs the danger
 20 of harm, shame or embarrassment to any victim or alleged victim; and the
 21 probative value of the evidence offered is not outweighed by its collat-
 22 eral nature or by the probability that its admission will create undue
 23 prejudice, confusion of the issues, or unwarranted invasion of the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03384-01-5

 S. 2695 2

 1 privacy of the victim or alleged victim, or lead to harm, shame or
 2 embarrassment on the part of the victim or alleged victim; the court
 3 shall enter an order setting forth with specificity what evidence may be
 4 discovered or introduced and the nature of the questions which shall be
 5 permitted, and the reasons why the court finds that such evidence satis-
 6 fies the standards contained in this section. The defendant may then
 7 discover or offer evidence under the order of the court.
 8 (b) Unless the court orders otherwise, the motion, related materials,
 9 and the record of the hearing under subdivision (a) of this section
 10 shall be and remain sealed.
 11 (c) Evidence of the victim's or alleged victim's previous sexual
 12 conduct shall not be discoverable or considered relevant unless it is
 13 material to proving that the source of semen, pregnancy or disease is a
 14 person other than the defendant or the alleged perpetrator. For the
 15 purposes of this section, "sexual conduct" shall mean any conduct or
 16 behavior relating to sexual activities of the victim, including but not
 17 limited to previous or subseque