Bill > S3535

Introduced Session

This bill permits the admission of evidence of prior acts of domestic violence, child abuse, and sex offenses in prosecutions for those offenses. The bill permits this evidence to be introduced by the prosecution, but not to be offered to prove conduct on a specific occasion. The bill provides that the evidence may be admitted only after a determination by the trial judge that the evidence is admissible under Rule 403 of the New Jersey Rules of Evidence. Evidence of prior wrongs, crimes, or acts typically is inadmissible in criminal actions. There are exceptions to this rule and the bill would create additional exceptions in criminal prosecutions for domestic violence, child abuse, and sexual offenses. Prosecution of these offenses present unique challenges because offenders rarely commit the offenses in front of witnesses or with recording devices in use, so the availability of corroborating evidence tends to be limited. The rules of evidence in a number of jurisdictions in the United States allow the admission of prior acts of domestic violence including California, Alaska, Colorado, Illinois, Louisiana, Oregon, Texas, and Wisconsin, and sexual assault, including California, Alaska, Arizona, Florida, Illinois, Kansas, Louisiana, Maryland, Missouri, Nebraska, Texas, Virginia and Wisconsin. Some jurisdictions allow the evidence for any relevant purpose, such as propensity, while other jurisdictions allow this evidence to provide context to the existing relationship. The proposed evidence rule changes would bring New Jersey in line with these other jurisdictions, provide relevant, probative evidence of an offender's guilt, and refute common defenses that historically have enabled offenders to evade accountability. Bolstering the amount of compelling and relevant evidence available in these cases will increase the likelihood of successful prosecution of domestic violence, child abuse, and sexual assault offenders, diminishing the serious public safety threat they present.

AI Summary

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Vin Gopal (D)*, 

Senate Judiciary Hearing (10:00:00 5/29/2025 Committee Room 4, 1st Floor, State House Annex, Trenton, NJ) (on 05/29/2025)

Official Document