Criminal Justice

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.

Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee's right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror's right to be absent from employment by reason of jury service.

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.