[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1094 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1094

 To amend the Federal Rules of Evidence relating to character evidence 
          in sexual misconduct cases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 31 (legislative day, July 10), 1995

   Mr. Biden introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Rules of Evidence relating to character evidence 
          in sexual misconduct cases, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CHARACTER EVIDENCE IN SEXUAL MISCONDUCT CASES.

    (a) In General.--(1) Rule 404(a) of the Federal Rules of Evidence 
is amended by adding at the end thereof the following:
            ``(4) Character in sexual misconduct cases.--(A) Evidence 
        of another act of sexual assault or child molestation, or 
        evidence to rebut such proof or an inference therefrom, if that 
        evidence is otherwise admissible under these rules, in a 
        criminal case in which the accused is charged with sexual 
        assault or child molestation, or in a civil case in which a 
        claim is predicated on a party's alleged commission of sexual 
        assault or child molestation.
            ``(B) In weighing the probative value of such evidence, the 
        court may, as part of its rule 403 determination, consider--
                    ``(i) proximity in time to the charged or predicate 
                misconduct;
                    ``(ii) similarity to the charged or predicate 
                misconduct;
                    ``(iii) frequency of the other acts;
                    ``(iv) surrounding circumstances;
                    ``(v) relevant intervening events; and
                    ``(vi) other relevant similarities or differences.
            ``(C) In a criminal case in which the prosecution intends 
        to offer evidence under this subdivision, it must disclose the 
        evidence, including statements of witnesses or a summary of the 
        substance of any testimony, at a reasonable time in advance of 
        trial, or during trial if the court excuses pretrial notice on 
        good cause shown.
            ``(D) For purposes of this subdivision--
                    ``(i) `sexual assault' means conduct, or an attempt 
                or conspiracy to engage in conduct, of the type 
                proscribed by chapter 109A of title 18, United States 
                Code, or conduct that involved deriving sexual pleasure 
                or gratification from inflicting death, bodily injury, 
                or physical pain on another person irrespective of the 
                age of the victim, regardless of whether that conduct 
                would have subjected the actor to Federal jurisdiction; 
                and
                    ``(ii) `child molestation' means conduct, or an 
                attempt or conspiracy to engage in conduct, of the type 
                proscribed by chapter 110 of title 18, United States 
                Code, or conduct, committed in relation to a child 
                below the age of 14 years, either of the type 
                proscribed by chapter 109A of title 18, United States 
                Code, or that involved deriving sexual pleasure or 
                gratification from inflicting death, bodily injury, or 
                physical pain on another person, regardless of whether 
                that conduct would have subjected the actor to Federal 
                jurisdiction.''.
    (2) The first sentence of rule 404(b) of the Federal Rules of 
Evidence is amended by inserting ``except as provided in subdivision 
(a)'' after ``therewith''.
    (b) Methods of Proving Character.--Rule 405 of the Federal Rules of 
Evidence is amended--
            (1) in subsection (a) by inserting before the period in the 
        first sentence ``except as provided in subdivision (c) of this 
        rule''; and
            (2) by adding at the end thereof the following:
    ``(c) Proof in Sexual Misconduct Cases.--In a case in which 
evidence is offered under rule 404(a)(4), proof may be made by specific 
instances of conduct, testimony as to reputation, or testimony in the 
form of an opinion, except that the prosecution or claimant may offer 
reputation or opinion testimony only after the opposing party has 
offered such testimony.''.
                                 <all>