S9276

The New York State Senate passed legislation Tuesday allowing evidence of prior sexual offenses to be admitted in criminal proceedings, responding to a controversial Court of Appeals decision that overturned a conviction in the Harvey Weinstein case. Senate Print 9276 passed 55-4, with only Sens. Brisport, Gonzalez, Rivera and Salazar voting in opposition. The bill codifies into statute the admission of prior sexual offense evidence, mirroring federal Rule 413 that has been in place for three decades and upheld as constitutional in 16 states. Sponsor Sen. Gianaris argued the measure balances the scales of justice in sexual assault cases, which often turn on credibility in situations lacking corroborating evidence. "For 300 years, including three-quarters of the last century, the sexual history of female victims in these cases was let in," Gianaris said, noting the bill addresses an imbalance in the current system. However, Sen. Palumbo opposed the bill, arguing its explicit reference to "propensity" evidence is constitutionally vulnerable and proposed an amendment to instead codify the narrower Molineux standard, which has governed such evidence for 123 years. The amendment was ruled nongermane by the presiding officer, and an appeal of that ruling failed. Palumbo also criticized the Court of Appeals composition, alleging Chief Judge Rowan Wilson has improperly stacked the court with activist judges. Sen. Martins supported the bill while echoing concerns about the Court of Appeals, stating: "I do think it's important that we recognize what happened here on this floor and avoid it happening again."