New York S 4592: Allows evidence of a defendant's prior crimes or acts to be admissible in a criminal case for certain purposes

Bill Text

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S04592 Summary:

BILL NOS04592 

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SAME ASSAME AS A00053-A

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SPONSORGIANARIS

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COSPNSRHOYLMAN-SIGAL, SCARCELLA-SPANTON, SEPULVEDA

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MLTSPNSR

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Add §60.77, CP L

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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.

Go to top S04592 Actions:

BILL NOS04592 

&nbsp

02/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04592 Committee&nbspVotes:

Go to topS04592 Floor&nbspVotes:

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

Go to topS04592 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4592

 2025-2026 Regular Sessions

 IN SENATE

 February 10, 2025
 ___________

 Introduced by Sens. GIANARIS, HOYLMAN-SIGAL, SCARCELLA-SPANTON, SEPULVE-
 DA -- read twice and ordered printed, and when printed to be committed
 to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to allowing
 evidence of a defendant's prior crimes or acts to be admissible in a
 criminal case for certain purposes

 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 60.77 to read as follows:
 3 § 60.77 Rules of evidence; admissibility of other crimes or acts.
 4 1. In general, evidence of other crimes, wrongs, or acts is not admis-
 5 sible to prove the character of a person in order to show action in
 6 conformity therewith. It may, however, be admissible for other purposes,
 7 such as proof of motive, opportunity, intent, preparation, plan, know-
 8 ledge, state of mind of the defendant, state of mind of the victim or
 9 other party, absence of mistake or accident, identity, modus operandi,
 10 or common scheme or plan, provided that the prosecution in a criminal
 11 case shall provide reasonable notice in advance of trial, or during
 12 trial if the court excuses pretrial notice on good cause shown, of the
 13 general nature of any such evidence it intends to introduce at trial.
 14 2. In a criminal case in which the defendant is accused of a sexual
 15 offense, evidence of the defendant's commission of another sexual
 16 offense or offenses is admissible, and may be considered for its bearing
 17 on any matter to which it is relevant. This rule shall not be construed
 18 to limit the admission or consideration of evidence under any other
 19 rule.
 20 3. The court, in its discretion, may exclude evidence described in
 21 this section if its probative value is outweighed by the probability
 22 that its admission will create undue prejudice to the defendant.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00322-05-5

 S. 4592 2

 1 4. For purposes of this section, "sexual offense" shall include an act
 2 committed in any jurisdiction that involves conduct proscribed by any
 3 section of article one hundred thirty of the penal law, or by section
 4 230.34 or 230.34-a of the penal law, or an attempt or conspiracy to
 5 engage in such an act.
 6 § 2. This act shall take effect immediately.

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