Vote Smart's Synopsis:

Vote to pass a bill that authorizes the admission of previous acts of sexual misconduct as evidence in certain civil and criminal cases, beginning July 1, 2011.

Highlights:

• Authorizes admission of previous acts of sexual misconduct as evidence in civil cases in which a claim for damages is based on the defendant's commission of a crime of sexual assault or sexual abuse of a minor (Sec. 1).

• Authorizes admission of previous acts of sexual misconduct as evidence in criminal cases in which the defendant is being tried for sexual assault or sexual abuse of a minor (Sec. 1).

• Specifies the procedures by which previous acts of sexual misconduct are to be admitted as evidence in civil or criminal cases (Sec. 1):
• The prosecution must submit a motion, accompanied by affidavits, to the court at least 15 days before the trial begins stating that the prosecution has an offer of proof of relevancy of such evidence;
• If the court finds the offer of proof sufficient, the court shall order a hearing during which both the prosecution and the defense will be given the opportunity to comment on the offer of proof and other evidence;
• If the court finds that the value of the evidence outweighs the possibility of creating undue prejudice against the defendant, then the evidence is admissible; and
• The court shall make an order stating which evidence may be introduced, and may specify the nature of questions to be permitted during the trial.

• This act is effective July 1, 2011 (Sec. 2).

Full Bill Text