Bill Text: NY A05645 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits a court from ordering certain physical examinations of the victim of a sexual assault; relates to the admissibility of evidence of the refusal of such victim to undergo such examinations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-11-27 - enacting clause stricken [A05645 Detail]

Download: New_York-2023-A05645-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5645

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 20, 2023
                                       ___________

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

        AN ACT to amend the criminal procedure law and the  civil  practice  law
          and  rules,  in  relation to prohibiting a court from ordering certain
          physical examinations of the victim of a sexual  assault  and  to  the
          admissibility  of  evidence  of  the refusal of such victim to undergo
          such examinations

          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 60.56 to read as follows:
     3  § 60.56 Rules of evidence; admissibility of evidence of victim's refusal
     4            to undergo examination in sex offense cases.
     5    1. The court may not order or otherwise require the alleged victim  in
     6  a prosecution for a sexual offense to submit to or undergo a gynecologi-
     7  cal  or physical examination of the breasts, buttocks, anus, or any part
     8  of the sex organs.
     9    2. The  refusal  of  an  alleged  victim  to  undergo  an  examination
    10  described  in subdivision one of this section may not serve as the basis
    11  to exclude evidence obtained from other  relevant  examinations  of  the
    12  victim.
    13    3.  For  the purposes of this section, the term "sexual offense" means
    14  any offense in which  sexual  intercourse,  sexual  contact,  or  sexual
    15  intrusion  is  an  element  of the offense, and includes any prosecution
    16  under article one hundred thirty of the penal law.
    17    § 2. Section 3121 of the civil practice law and rules  is  amended  by
    18  adding a new subdivision (c) to read as follows:
    19    (c)  (1)  Notwithstanding  the  provisions  of subdivision (a) of this
    20  section, in a matter involving injury allegedly attributable to a sexual
    21  assault, the court may not order or otherwise require a  party  who  was
    22  the alleged victim in a prosecution for a sexual offense to submit to or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10292-01-3
        A. 5645                             2

     1  undergo   a  gynecological  or  physical  examination  of  the  breasts,
     2  buttocks, anus, or any part of the sex organs.
     3    (2)  The  refusal  of  a  party to undergo an examination described in
     4  subdivision one of this section may not serve as the  basis  to  exclude
     5  evidence obtained from other relevant examinations of the party.
     6    (3)  For  the  purposes of this subdivision, the term "sexual offense"
     7  means any offense in which sexual intercourse, sexual contact, or sexual
     8  intrusion is an element of the offense,  and  includes  any  prosecution
     9  under article one hundred thirty of the penal law.
    10    § 3. This act shall take effect immediately.