Criminal Justice

Relates to making technical corrections to ensure gender neutrality for the admission to practice law and preventing the character fitness questionnaire from inquiring into an applicant's prior interaction with law enforcement or the criminal justice system under certain circumstances.

Bill S 3831 amends the state's penal law regarding the crime of persistent sexual abuse. Currently, a person can be charged with persistent sexual abuse if they commit certain sexual abuse offenses and have two or more prior convictions for similar crimes within a ten-year period, excluding time incarcerated. This bill removes that ten-year time limit for prior convictions. As a result, any qualifying past convictions, regardless of when they occurred, would count towards a charge of persistent sexual abuse, affecting how individuals with multiple past sexual abuse convictions are prosecuted for subsequent offenses.

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.