Bill > S04592

This bill amends the New York Criminal Procedure Law by adding a new section (§ 60.77) that expands the rules for admitting evidence of a defendant's prior crimes or acts in criminal trials. Specifically, the bill allows prosecutors to introduce evidence of a defendant's past criminal actions for purposes such as proving motive, intent, plan, identity, or state of mind, provided they give reasonable advance notice to the defense about the nature of such evidence. The bill creates special provisions for sexual offense cases, where evidence of previous sexual offenses can be more freely introduced and considered. The legislation also gives judges discretion to exclude such evidence if they determine that the potential prejudicial impact outweighs its probative value. The bill defines "sexual offense" broadly to include acts that violate specific sections of the New York Penal Law related to sexual crimes, and it applies to offenses committed in any jurisdiction. Importantly, the bill maintains the general principle that prior bad acts cannot be used simply to suggest a defendant is likely to have committed the current crime because of their past behavior, but instead must serve a specific evidentiary purpose.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S4592