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NJ A1398

Bill

Status

Introduced

1/13/2026

Primary Sponsor

Ellen Park

Click for details

Origin

General Assembly

2026-2027 Regular Session

AI Summary

  • 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.

  • Requires trial judges to determine admissibility under Rule 403 (balancing probative value against unfair prejudice) before prior offense evidence can be admitted.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary1/13/2026

Full Bill Text

No bill text available