New York 2025-2026 Regular Session

New York Assembly Bill A09142

Introduced
10/17/25  
Refer
10/17/25  

Caption

Permits admission of spontaneous statements by victims of certain frauds, abuse and theft offenses, who are a vulnerable elderly person, an incompetent or physically disabled person, or a person who has been determined to be incapacitated.

Impact

If enacted, A09142 would allow for more flexible use of evidence related to incapacitated victims, which may significantly impact legal proceedings involving such individuals. The bill provides specific protocols for how these statements must be gathered and presented in court, emphasizing the need for initial notification to the adverse party and a court's assessment of the reliability of the statement. This change could facilitate the prosecution of offenses where victims are unable to fully participate in the judicial process due to mental incapacitation.

Summary

Bill A09142 seeks to amend New York's criminal procedure law by allowing for the admissibility of spontaneous statements made by victims who have been determined to be incapacitated. Specifically, this bill applies to offenses such as fraud, abuse, and theft, as outlined under relevant articles of the penal law. The primary objective of this legislation is to enhance the evidentiary value of statements made by incapacitated persons during criminal proceedings, thereby improving the chances of justice being served in such cases.

Contention

While the bill has been framed as a means to help vulnerable victims of crime, there are potential concerns regarding the implementation of the new evidentiary standards. Critics may argue that such changes might lead to the misinterpretation or misapplication of spontaneous statements, particularly in highly sensitive cases involving incapacitated individuals. Issues surrounding hearsay laws and the subjective determination of reliability by courts could also lead to contentious legal debates, with opposing views on victim rights and procedural fairness likely to surface during discussions of this legislation.

Companion Bills

No companion bills found.

Previously Filed As

NY A09143

Establishes a reasonable inference that certain transfers of money or property by a vulnerable elderly, physically disabled, incompetent or incapacitated person were a wrongful taking in violation larceny statutes.

NY SB910

Modifies the offense of abuse of elderly, disabled, or vulnerable persons

NY S03526

Creates the crimes of child abuse, vulnerable elderly person or incompetent or physically disabled person abuse, and torture.

NY A04527

Creates the crimes of child abuse, vulnerable elderly person or incompetent or physically disabled person abuse, and torture.

NY HB532

Generally revise laws related to abuse, neglect, and exploitation of incapacitated persons and vulnerable adults

NY S00474

Relates to vulnerable elderly or disabled persons; deletes references to caregiver to make any person who endangers the welfare of an elderly or disabled person guilty of provisions of the penal law.

NY SB728

Relating to abuse of vulnerable persons.

NY A10811

Grants family leave benefits to persons who perform artistic and cultural work, including but not limited to, artistic and performing personnel, creative and design personnel, technical and production personnel, and front-of-house support personnel engaged in the production or operation of live theatrical or artistic performances.

NY A00280

Provides that a person may be charged with promoting a suicide or manslaughter if such person is convicted of endangering the welfare of a vulnerable elderly person, an incompetent or physically disabled person and the conduct was the proximate cause of the victim's suicide.

NY S00969

Provides that a person may be charged with promoting a suicide or manslaughter if such person is convicted of endangering the welfare of a vulnerable elderly person, an incompetent or physically disabled person and the conduct was the proximate cause of the victim's suicide.

Similar Bills

No similar bills found.