Assembly Bill A53

2025-2026 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-A53 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L
Versions Introduced in 2023-2024 Legislative Session:
A4992

2025-A53 (ACTIVE) - Summary

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.

2025-A53 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    53
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. PAULIN, DINOWITZ, BURDICK, RAGA, SIMON, GLICK,
   HEVESI, SHIMSKY,  SANTABARBARA,  ROSENTHAL,  SEAWRIGHT,  CONRAD,  KIM,
   COLTON,  LEE, PHEFFER AMATO, SIMONE, EACHUS, ZACCARO, LEVENBERG, McDO-
   NOUGH, HUNTER, ROZIC, BARRETT, STIRPE, CLARK,  BUTTENSCHON,  STERN  --
   read once and referred 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:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 60.77 to read as follows:
 § 60.77 RULES OF EVIDENCE; ADMISSIBILITY OF OTHER CRIMES OR ACTS.
   1. IN GENERAL, EVIDENCE OF OTHER CRIMES, WRONGS, OR ACTS IS NOT ADMIS-
 SIBLE  TO  PROVE  THE  CHARACTER  OF A PERSON IN ORDER TO SHOW ACTION IN
 CONFORMITY THEREWITH. IT MAY, HOWEVER, BE ADMISSIBLE FOR OTHER PURPOSES,
 SUCH AS PROOF OF MOTIVE, OPPORTUNITY, INTENT, PREPARATION,  PLAN,  KNOW-
 LEDGE,  STATE  OF  MIND OF THE DEFENDANT, STATE OF MIND OF THE VICTIM OR
 OTHER PARTY, ABSENCE OF MISTAKE OR ACCIDENT, IDENTITY,  MODUS  OPERANDI,
 COMMON  SCHEME OR PLAN, PROVIDED THAT THE PROSECUTION IN A CRIMINAL CASE
 SHALL PROVIDE REASONABLE NOTICE IN ADVANCE OF TRIAL, OR DURING TRIAL  IF
 THE  COURT  EXCUSES  PRETRIAL NOTICE ON GOOD CAUSE SHOWN, OF THE GENERAL
 NATURE OF ANY SUCH EVIDENCE IT INTENDS TO INTRODUCE AT TRIAL.
   2. IN A CRIMINAL CASE IN WHICH THE DEFENDANT IS ACCUSED  OF  A  SEXUAL
 OFFENSE,  EVIDENCE  OF  THE DEFENDANT'S COMMISSION OF ANOTHER OFFENSE OR
 OFFENSES OF SEXUAL ASSAULT IS ADMISSIBLE, AND MAY BE CONSIDERED FOR  ITS
 BEARING  ON  ANY MATTER TO WHICH IT IS RELEVANT.  THIS RULE SHALL NOT BE
 CONSTRUED TO LIMIT THE ADMISSION OR CONSIDERATION OF EVIDENCE UNDER  ANY
 OTHER RULE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00322-01-5

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