Bill
Bill > A08681
NY A08681
NY A08681Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.
summary
Introduced
01/10/2022
01/10/2022
In Committee
06/01/2022
06/01/2022
Crossed Over
Passed
Dead
12/31/2022
12/31/2022
Introduced Session
2021-2022 General Assembly
Bill Summary
Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.
AI Summary
This bill establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding. The proffering party must affirmatively prove by clear and convincing evidence that the creative expression has a literal, factual meaning directly related to the alleged crime, is relevant to a disputed issue, and has distinct probative value not provided by other evidence. If the court admits the creative expression as evidence, it must apply careful redactions, provide limiting instructions, and consider the least prejudicial means of presentation.
Committee Categories
Housing and Urban Affairs
Sponsors (4)
Last Action
substituted by s7527 (on 06/01/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2021/A8681 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A08681&term=2021&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A08681 |
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