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NY A09142
Bill
Status
10/17/2025
Primary Sponsor
Charles Lavine
Click for details
AI Summary
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Allows hearsay statements from incapacitated victims (as determined under Mental Hygiene Law Article 81) to be admitted as evidence in prosecutions for larceny, fraud, or theft-related offenses under Penal Law Articles 155, 170, and 190
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Limits admissible statements to those made by the incapacitated person to the first adult (18+) they told about the offense, excluding statements made to the defendant
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Requires the party offering the statement to provide at least 14 days advance notice before the proceeding, including the witness name and written summary of the statement
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Mandates a court hearing outside the jury's presence to determine the statement's reliability based on timing, content, and circumstances
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Requires the incapacitated victim to testify or be available to testify at the proceeding for the statement to be admissible
Legislative Description
Permits admission of spontaneous statements by victims of certain frauds, abuse and theft offenses, who are a vulnerable elderly person, an incompetent or physically disabled person, or a person who has been determined to be incapacitated.
Last Action
print number 9142a
2/25/2026