N.Y. Penal Law § 230.45: Limited immunity from prosecution

§ 230.45 Limited immunity from prosecution.

1. This section applies where a person is the victim of or a witness

to a crime (including an individual who becomes aware that another

person is a victim of a crime), and has engaged or is alleged to have

engaged in an act prohibited under section 230.00 or 230.03 of this

article at or in reasonable proximity to the time of the crime or under

circumstances reasonably related to the crime, and, in good faith but

not prior to, during or subsequent to an arrest or investigation for

such prohibited act, (a) reports the crime to a criminal law enforcement

agency, (b) if medically necessary, seeks or receives health care

services as a result of the crime, or (c) attempts to assist in the

investigation or prosecution of the crime. No such victim or witness to

the crime shall be charged or prosecuted for an offense under section

230.00 or 230.03 of this article which is alleged to have been committed

at or in reasonable proximity to the time of the crime or under

circumstances reasonably related to the crime for which the person is a

victim or witness. As used in this section, "crime" shall include an act

that reasonably appears to be a crime, regardless of whether it results

in a conviction as a crime.

2. Where a victim or witness to a crime believes that the conditions

for immunity pursuant to subdivision one of this section have been met

and such victim or witness has been erroneously charged under section

230.00 or 230.03 of this article, such victim or witness may request a

hearing to be conducted no later than fifteen days after the charge or

charges have been filed to move the court to decide whether conditions

for immunity have been met. At such hearing, the court shall be

permitted to accept all legally permitted evidence, including legally

permissible hearsay, in support of both parties. If, after conducting

such hearing, and by clear and convincing evidence, the court determines

that the conditions for immunity were met, then the charge or charges

shall be dismissed. If, after conducting such hearing, the court

determines that the conditions for immunity were not met, then the

charges shall not be dismissed and immunity shall be denied.