Assembly Bill A9142

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9142
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to permitting
   admission of spontaneous statements by victims of certain offenses who
   are determined to be incapacitated
 
   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 60.51 to read as follows:
 § 60.51 RULES OF EVIDENCE; ADMISSIBILITY OF STATEMENTS OF  INCAPACITATED
 VICTIMS.
   1.  THIS  SECTION  APPLIES  TO ANY PROCEEDING IN THE PROSECUTION OF AN
 OFFENSE UNDER ARTICLE ONE HUNDRED FIFTY-FIVE, ONE HUNDRED SEVENTY OR ONE
 HUNDRED NINETY OF THE PENAL LAW, IF COMMITTED AGAINST A PERSON  WHO  HAS
 BEEN  DETERMINED  TO  BE  INCAPACITATED  UNDER ARTICLE EIGHTY-ONE OF THE
 MENTAL HYGIENE LAW.
   2. THIS SECTION APPLIES ONLY TO STATEMENTS THAT DESCRIBE  THE  ALLEGED
 OFFENSE  THAT WERE MADE BY THE INCAPACITATED PERSON TO THE FIRST PERSON,
 EIGHTEEN YEARS OF AGE OR OLDER, OTHER THAN THE DEFENDANT,  TO  WHOM  THE
 INCAPACITATED PERSON MADE A STATEMENT ABOUT THE OFFENSE.
   3.  A STATEMENT THAT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
 SECTION IS NOT INADMISSIBLE AS HEARSAY EVIDENCE IF:
   (A) ON OR BEFORE THE FOURTEENTH DAY BEFORE  THE  DATE  THE  PROCEEDING
 BEGINS, THE PARTY INTENDING TO OFFER THE STATEMENT:
   (I) NOTIFIES THE ADVERSE PARTY OF ITS INTENTION TO DO SO;
   (II)  PROVIDES  THE ADVERSE PARTY WITH THE NAME OF THE WITNESS THROUGH
 WHOM IT INTENDS TO OFFER THE STATEMENT; AND
   (III) PROVIDES THE ADVERSE PARTY WITH A WRITTEN SUMMARY OF THE  STATE-
 MENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13529-01-5
 A. 9142                             2
 
              

   (B) THE TRIAL COURT FINDS, IN A HEARING CONDUCTED OUTSIDE THE PRESENCE
 OF  THE JURY, THAT THE STATEMENT IS RELIABLE BASED ON THE TIME, CONTENT,
 AND CIRCUMSTANCES OF THE STATEMENT; AND
   (C)  THE  INCAPACITATED PERSON TESTIFIES OR IS AVAILABLE TO TESTIFY AT
 THE PROCEEDING IN COURT OR IN ANY OTHER MANNER.
   § 2. This act shall take effect immediately.