Bill
Bill > A1398
NJ A1398
NJ A1398Permits court to admit evidence of prior offenses in certain criminal prosecutions.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
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
This bill allows prosecutors in New Jersey to introduce evidence of a defendant's past offenses in criminal cases involving domestic violence, child abuse, and sex offenses, even though such evidence is typically not allowed under current rules of evidence (specifically Rule 404(b) of the New Jersey Rules of Evidence). The purpose of this change is to address the unique challenges in prosecuting these types of crimes, where direct witnesses or recordings are often scarce, and to help overcome common defenses that allow offenders to evade accountability. However, this evidence cannot be used to directly prove that the defendant committed the specific crime they are currently charged with, and a judge must first determine that the evidence is relevant and not unfairly prejudicial under Rule 403 of the New Jersey Rules of Evidence before it can be admitted. This change aims to bring New Jersey in line with other states that already permit similar evidence and to increase the likelihood of successful prosecutions, thereby enhancing public safety.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/A1398 |
| BillText | https://pub.njleg.gov/Bills/2026/A1500/1398_I1.HTM |
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