New York A 9142: Relates to permitting admission of spontaneous statements by victims of certain offenses who are elderly, physically disabled, incompetent or determined to be incapacitated

Bill Text

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A09142 Summary:

BILL NOA09142A

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLavine

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COSPNSR

&nbsp

MLTSPNSR

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Add §60.51, CP L

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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.

Go to top A09142 Actions:

BILL NOA09142A

&nbsp

10/17/2025referred to codes

01/07/2026referred to codes

02/25/2026amend (t) and recommit to codes

02/25/2026print number 9142a

Go to topA09142 Committee&nbspVotes:

Go to topA09142 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09142 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9142--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 October 17, 2025
 ___________

 Introduced by M. of A. LAVINE -- read once and referred to the Committee
 on Codes -- recommitted to the Committee on Codes in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the criminal procedure law, in relation to permitting
 admission of spontaneous statements by victims of certain offenses who
 are elderly, physically disabled, incompetent or determined to be
 incapacitated

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 60.51 to read as follows:
 3 § 60.51 Rules of evidence; admissibility of statements of certain
 4 victims.
 5 1. This section applies to any proceeding in the prosecution of an
 6 offense under article one hundred fifty-five, one hundred seventy or one
 7 hundred ninety of the penal law, if committed against a vulnerable
 8 elderly person, an incompetent or physically disabled person, or a
 9 person who has been determined to be incapacitated under article eight-
 10 y-one of the mental hygiene law.
 11 2. This section applies only to statements that describe the alleged
 12 offense that were made by the vulnerable elderly, incompetent, phys-
 13 ically disabled, or incapacitated victim:
 14 (a) to the first person, eighteen years of age or older, other than
 15 the defendant, to whom the victim made a statement about the offense;
 16 (b) spontaneously during or immediately after the alleged criminal
 17 conduct; or
 18 (c) for purposes of medical diagnosis or treatment.
 19 3. A statement that meets the requirements of subdivision two of this
 20 section is not inadmissible as hearsay evidence if:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13529-02-6

 A. 9142--A 2

 1 (a) on or before the fourteenth day before the date the proceeding
 2 begins, the party intending to offer the statement:
 3 (i) notifies the adverse party of its intention to do so;
 4 (ii) provides the adverse party with the name of the witness through
 5 whom it intends to offer the statement; and
 6 (iii) provides the adverse party with a written summary of the state-
 7 ment;
 8 (b) the trial court finds, in a hearing conducted outside the presence
 9 of the jury, that the statement is reliable based on the time, content,
 10 and circumstances of the statement; and
 11 (c) the vulnerable elderly, incompetent, physically disabled or inca-
 12 pacitated person testifies or is available to testify at the proceeding
 13 in court or in any other manner.
 14 § 2. This act shall take effect immediately.

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