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NY S04592
Bill
Status
2/10/2025
Primary Sponsor
Michael Gianaris
Click for details
AI Summary
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Codifies that evidence of prior crimes or acts is generally inadmissible to prove character or show action in conformity with that character, but may be admitted for specific purposes including proof of motive, opportunity, intent, preparation, plan, knowledge, identity, modus operandi, or absence of mistake
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Requires prosecutors to provide reasonable advance notice before trial of any prior crimes evidence they intend to introduce, with courts able to excuse pretrial notice upon good cause shown
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Creates special rule for sexual offense cases allowing evidence of defendant's commission of other sexual offenses to be considered for its bearing on any relevant matter
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Grants courts discretion to exclude prior crimes evidence if its probative value is outweighed by the probability of undue prejudice to the defendant
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Defines "sexual offense" to include acts under Penal Law Article 130 (sex offenses) and sections 230.34/230.34-a (sex trafficking), as well as attempts or conspiracies to commit such acts in any jurisdiction
Legislative Description
Allows evidence of a defendant's prior crimes or acts to be admissible in a criminal case for certain purposes including as proof of motive, opportunity, intent, preparation, plan, knowledge, state of mind of the defendant, state of mind of the victim or other party, absence of mistake or accident, identity, modus operandi, or common scheme or plan; requires that the prosecution provide reasonable notice of the general nature of any such evidence it intends to introduce at trial.
Last Action
REFERRED TO CODES
1/7/2026