A 9142 New York Assembly · 2025 Regular Session

Relates to permitting admission of spontaneous statements by victims of certain offenses who are elderly, physically disabled, incompetent or determined to be incapacitated

This bill allows certain statements made by victims of fraud, abuse, or theft to be used as evidence in court if the victim was determined to be incapacitated under mental health law. It specifically permits spontaneous statements made by the victim to a non-defendant adult (18+) about the crime, provided the prosecution gives pre-trial notice, the court finds the statement reliable based on its timing and context, and the victim testifies or is available to testify. The law directly affects victims who are incapacitated and their cases under specific New York Penal Law sections (155, 170, 190). It changes evidence rules to make these statements admissible as an exception to hearsay, without altering the legal standard for conviction.
Bill status in committee 1 of 4 stages cleared
Introduction
Oct 2025
Committee Review
Floor Vote
Governor
Introduced Oct 17, 2025 Last action Feb 25, 2026
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What changed between versions

A9142 A9142A · 3 edits
MINOR
This bill expands who can make spontaneous statements in court without the usual hearsay rule blocking them. Originally, only victims determined to be mentally incapacitated could use this rule. Now, elderly, physically disabled, and incompetent victims are also included, making it easier for more vulnerable people to have their statements admitted as evidence.
Scope change
The bill broadens the scope from only mentally incapacitated victims to include elderly, physically disabled, and incompetent victims in addition to those already covered.
ELIGIBILITY

Expanded eligibility to include elderly, physically disabled, and incompetent victims alongside previously covered mentally incapacitated victims.

REQUIREMENT

Added specific conditions for when statements apply, including spontaneous statements made during or immediately after the crime, and statements for medical diagnosis or treatment.

DEFINITION

Changed the section title from 'incapacitated victims' to 'certain victims' to reflect the broader group of protected individuals.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
Feb 25, 2026
Lower · Passed
PRINT NUMBER 9142A
lower
Feb 25, 2026
Lower · Passed
AMEND (T) AND RECOMMIT TO CODES
lower
Jan 7, 2026
Committee
REFERRED TO CODES
lower
Oct 17, 2025
Committee
REFERRED TO CODES
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Charles Lavine
Charles Lavine
DDemocratic
NY
13