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A08691 Summary:

BILL NOA08691
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Add §60.41, CP L
 
Provides for the admissibility of a victim's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.
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A08691 Actions:

BILL NOA08691
 
05/29/2025referred to codes
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A08691 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8691
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to admissibility of victim's outcry and disclosures in cases of sexual abuse   PURPOSE OR GENERAL IDEA OF BILL: To allow testimony of a victim's disclosure of sexual assault, known as an "outcry," regardless of when that disclosure was made relative to their abuse.   SUMMARY OF PROVISIONS: Section 1 amends the Criminal Procedure Law by adding section 60.41, to provide for the admissibility of a victim's outcry and disclosures in cases of sexual abuse. Section 2 sets for the effective date.   JUSTIFICATION: Under current law, in the vast majority of cases, evidence of how and when a victim of sexual abuse disclosed their assault is only admissible if the disclosure was made promptly after the alleged assault occurred. In contrast, 48 other states allow evidence about how and when a victim disclosed their assault to be admitted even if the disclosure was delayed. Victims of sexual assault and abuse, especially children, often wait months or years to disclose their assault to others. Sexual assault causes significant psychological trauma that can manifest differently in every victim. Survivors may feel fear, shame, embarrassment, or confusion, all of which may lead them to wait to disclose their assault or never disclose it. This is compounded in cases whether the survivor is close to the individual who assaulted them or relies on the perpetra- tor for care. The current rule ignores the trauma victims go through by assuming that all victims will report their assault immediately. More- over, it assumes that victims who disclose promptly are more reliable than those who wait longer before sharing what happened to them. There is no evidence that a prompt outcry is more credible than a delayed outcry. In cases of delayed disclosure of sexual assault, prosecutors already face challenges charging the case. By the time an individual reports their alleged assault to the authorities, there is often little physical evidence of the crime. As a result, being able to use the testimony of individuals to whom the victim disclosed their assault is key to helping juries determine whether the allegations of the victim are credible. Despite the importance of this testimony, under current New York law, the common rules of evidence consider such testimony as hearsay,which is inadmissible in court. The only way outcry testimony is allowed is if the victim disclosed their assault promptly after it occurred. In those cases, the only information the person to whom the disclosure was made can share is that a complaint of a sexual nature was made to them. This denies the jury crucial information about the content of that complaint. This legislation would amend New York's Criminal Procedure Law to reflect the realities of trauma by allowing evidence of how and when a victim disclosed assault, regardless of when that disclosure occurred. New York's current outcry rule reflects an antiquated understanding of sexual assault and, undermines the pursuit of justice in sexual assault cases.   PRIOR LEGISLATIVE HISTORY: 2023-2024: S4424 2021-2022: S745 2020: S7247 / A9103   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A08691 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8691
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 29, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the criminal procedure law, in relation to admissibility
          of victim's outcry and disclosures in cases of sexual abuse
 
          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;  admissibility of outcry and disclosures in
     4            cases of sexual abuse.
     5    1. Evidence that a victim disclosed or failed to disclose the  alleged
     6  sexual  abuse, or any portion thereof, to another person shall be admis-
     7  sible on the prosecution's case-in-chief, including  during  the  direct
     8  examination  of relevant witnesses in a prosecution for an offense or an
     9  attempt to commit an offense defined in article one  hundred  thirty  or
    10  two  hundred  sixty-three or section 255.25, 255.26, 255.27 or 260.10 of
    11  the penal law.
    12    2. Such testimony may come from the victim and  also  from  any  other
    13  person  who heard or saw said disclosure, and such testimony may include
    14  multiple disclosures if applicable. Such testimony shall include but  is
    15  not limited to (a) the details of the complaint itself, (b) the demeanor
    16  of  the  victim,  (c) any witness at the time of the disclosure, and (d)
    17  any surrounding circumstances or statements that give meaningful context
    18  to the disclosure.
    19    3. Such testimony shall not be admissible for the truth of the  matter
    20  or  matters  asserted  therein, but only for limited purposes including,
    21  but not limited to (a) providing context and background to  the  allega-
    22  tions  charged,  (b)  demonstrating  the state of mind of the victim and
    23  other witnesses, (c) explaining the nature of the timing and  delay,  if
    24  any,  of  any disclosures of abuse, and (d) assisting the jury to deter-
    25  mine whether or not to credit the  victim's  testimony.  Upon  receiving
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13249-01-5

        A. 8691                             2
 
     1  testimony  into evidence during any proceeding, the court shall instruct
     2  the jury as to the permissible uses of such testimony.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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