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NJ A1398
Bill
Status
1/13/2026
Primary Sponsor
Ellen Park
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AI Summary
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Allows prosecutors to introduce evidence of a defendant's prior sex offenses, domestic violence, or child abuse in criminal trials for those same types of offenses, creating exceptions to New Jersey Rule of Evidence 404(b) which typically bars such evidence.
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Requires trial judges to determine admissibility under Rule 403 (balancing probative value against unfair prejudice) before prior offense evidence can be admitted.
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Prohibits using the prior offense evidence solely to prove conduct on a specific occasion, meaning it cannot be used simply to show the defendant acted consistently with past behavior.
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Cites 2020 New Jersey State Police data showing 63,058 domestic violence reports, with children present in 24% of incidents and 12,669 incidents involving offenders with prior restraining orders against them.
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Aligns New Jersey with other states including California, Alaska, Texas, Illinois, and Wisconsin that already permit admission of prior acts in domestic violence and sexual assault prosecutions.
Legislative Description
Permits court to admit evidence of prior offenses in certain criminal prosecutions.
Judiciary
Last Action
Introduced, Referred to Assembly Judiciary Committee
1/13/2026