Permits evidence of prompt reports of sexual assault or employment discrimination be admissible as hearsay exception.

SJR81

SENATE JOINT RESOLUTION

No. 81

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Permits evidence of prompt reports of sexual assault
or employment discrimination be admissible as hearsay exception.

CURRENT VERSION OF TEXT

���� As introduced.

��

A Joint
Resolution
pursuant to P.L.1960, c.52
proposing a new Rule of Evidence.

Whereas,

Fresh complaint evidence that the victim of the crime reported the sexual
assault or employment discrimination shortly after it occurred is admissible as
bearing on the declarant�s credibility, a non-truth purpose; and

Whereas,

Fresh complaint evidence is necessary to rebut the adverse inference a jury
would draw if not presented with proof of a timely complaint; and

Whereas,

Fresh complaint evidence will serve to corroborate the allegation that sexual
assault or employment discrimination took place; and

Whereas,

The fresh complaint evidence will aid in explaining the investigative process
and completing the narrative of events leading to a defendants arrest; and

Whereas,

Section 38 of P.L.1960, c.52 (C.2A:84A-38) provides a procedure for the
adoption of Rules of Evidence without necessity for presentation at the
Judicial Conference so that their adoption by the Supreme Court may be
accelerated; now, therefore,

����
Be It
Resolved
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Pursuant to section 38
of P.L.1960, c.52 (C.2A:84A-38), the Supreme Court of New Jersey may adopt the
rule specified in this section in the form set out, at any time after this
Joint Resolution has been delivered to and signed by the Governor of the State
of New Jersey, by entering an order that the rule is adopted and by causing
true copies of its order of adoption to be delivered to the President of the
Senate, the Speaker of the General Assembly, and the Governor, without again
presenting the subject matter and a tentative draft of rules at a Judicial
Conference.

���� Rule 803 is amended as
follows:

���� Rule 803 Hearsay Exceptions
Not Dependent on Declarant�s Unavailability

���� The following statements are
not excluded by the hearsay rule:

���� (a) A Declarant-Witness� Prior
Statement.

���� The declarant-witness
testifies and is subject to cross-examination about a prior otherwise
admissible statement, and the statement:

���� (1) is inconsistent with the
declarant-witness' testimony at the trial or hearing and is offered in
compliance with Rule 613.

���� However, when the statement is
offered by the party calling the declarant-witness, it is admissible only if,
in addition to the foregoing requirements, it (A) is contained in a sound
recording or in a writing made or signed by the declarant-witness in circumstances
establishing its reliability or (B) was given under oath at a trial or other
judicial, quasi-judicial, legislative, administrative or grand jury proceeding,
or in a deposition; or

���� (2) is consistent with the
declarant-witness' testimony and is offered to rebut an express or implied
charge against the declarant-witness of (A) recent fabrication or (B) improper
influence or motive; or

���� (3) is a prior identification
of a person made after perceiving that person if made in circumstances
precluding unfairness or unreliability.

���� (b) Statement by
Party-Opponent. The statement is offered against a party-opponent and is:

���� (1) the party-opponent's own
statement, made either in an individual or in a representative capacity; or

���� (2) a statement whose content
the party-opponent has adopted by word or conduct or in whose truth the
party-opponent has manifested belief; or

���� (3) a statement by a person
authorized by the party-opponent to make a statement concerning the subject; or

���� (4) a statement by the
party-opponent's agent or servant concerning a matter within the scope of the
agency or employment, made during the existence of the relationship; or

���� (5) a statement made at the
time the party-opponent and the declarant were participating in a plan to
commit a crime or civil wrong and the statement was made in furtherance of that
plan.

���� In a criminal case, the
admissibility of a defendant's statement, which is offered against the
defendant, is subject to Rule 104(c).

���� (c) Statements Not Dependent
on Declarant's Availability. The following are not excluded by the rule against
hearsay, regardless of whether the declarant is available as a witness:

���� (1) Present Sense Impression.
A statement describing or explaining an event or condition, made while or
immediately after the declarant perceived it and without opportunity to
deliberate or fabricate.

���� (2) Excited Utterance. A
statement relating to a startling event or condition made while the declarant
was under the stress of excitement caused by the event or condition and without
opportunity to deliberate or fabricate.

���� (3) Then-Existing Mental,
Emotional, or Physical Condition. A statement made in good faith of the
declarant's then-existing state of mind, emotion, sensation or physical
condition (such as intent, plan, motive, design, mental feeling, pain, or
bodily health), but not including a statement of memory or belief to prove the
fact remembered or believed unless it relates to the execution, revocation,
identification, or terms of declarant's will.

���� (4) Statements for Purposes of
Medical Diagnosis or Treatment. A statement that:

���� (A) is made in good faith for
purposes of, and is reasonably pertinent to, medical diagnosis or treatment;
and

���� (B) describes medical history;
past or present symptoms or sensations; their inception; or their general
cause.

���� (5) Recorded Recollection. A
statement concerning a matter about which the witness is unable to testify
fully and accurately because of insufficient present recollection if the
statement is contained in a writing or other record that;

���� (A) was made at a time when
the fact recorded actually occurred or was fresh in the memory of the witness;
and

���� (B) was made by the witness or
under the witness' direction or by some other person for the purpose of
recording the statement when it was made; and

���� (C) the statement concerns a
matter of which the witness had knowledge when it was made.

���� This exception does not apply
if unless the circumstances indicate that the statement is not trustworthy.
When the witness does not remember part or all of the contents of a writing,
the portion the witness does not remember may be read into evidence but shall
not be introduced as an exhibit over objection.

���� (6) Records of a Regularly
Conducted Activity. A statement contained in a writing or other record of acts,
events, conditions, and, subject to Rule 808, opinions or diagnoses, made at or
near the time of observation by a person with actual knowledge or from
information supplied by such a person, if the writing or other record was made
in the regular course of business and it was the regular practice of that
business to make such writing or other record.

���� This exception does not apply
if the sources of information or the method, purpose or circumstances of
preparation indicate that it is not trustworthy.

���� (7) Absence of an Entry in
Records of Regularly Conducted Activity. Evidence that a matter is not included
in a writing or other record kept in accordance with the provisions of Rule
803(c)(6), if:

���� (A) the evidence is admitted
to prove that the matter did not occur or exist; and

���� (B) a record was regularly
kept for a matter of that kind.

���� This exception does not apply
if the sources of information or other circumstances indicate that the
inference of nonoccurrence or nonexistence is not trustworthy.

���� (8) Public Records, Reports,
and Findings. Subject to Rule 807,

���� (A) a statement contained in a
writing made by a public official of an act done by the official or an act,
condition, or event observed by the official if it was within the scope of the
official's duty either to perform the act reported or to observe the act,
condition, or event reported and to make the written statement; or

���� (B) statistical findings of a
public official based upon a report of or an investigation of acts, conditions,
or events, if it was within the scope of the official's duty to make such
statistical findings.

���� This exception does not apply
if the sources of information or other circumstances indicate that such
statistical findings are not trustworthy.

���� (9) Public Records of Vital
Statistics. Subject to Rule 807, a record of a birth, fetal death, death, or
marriage or civil union, if reported to a public office in accordance with a
legal duty.

���� (10) Absence of Public Record
or Entry. Subject to Rule 807, a certification in accordance with Rule 902
stating that a diligent search failed to disclose a public record, report,
writing, or entry when offered to prove:

���� (A) the record or statement
does not exist; or

���� (B) the matter did not occur
or exist, if a public office regularly kept a record or statement for a matter
of that kind.

���� This exception does not apply
if the sources of information or other circumstances indicate that the
inference of nonoccurrence or nonexistence is not trustworthy.

���� (11) Records of Religious
Organizations Concerning Personal or Family History. Subject to Rule 807, a
statement of birth, legitimacy, ancestry, marriage or civil union, divorce,
death, relationship by blood or marriage, or similar facts of personal or family
history, contained in a regularly kept record of a religious organization.

���� (12) Certificates of Marriage,
Civil Union, Baptism, and Similar Ceremonies. Subject to Rule 807, a statement
of fact contained in a certificate:

���� (A) made by a person who is
authorized by a religious organization or by law to perform the act certified;

���� (B) attesting that the person
performed a marriage or civil union or similar ceremony or administered a
sacrament; and

���� (C) purporting to have been
issued at the time of the act or within a reasonable time after it.

���� (13) Family Records. Subject
to Rule 807, a statement of fact about personal or family history contained in
a family record, such as a Bible, genealogy, chart, engraving on a ring,
inscription on a family portrait, engraving on an urn, crypt, tombstone, or
other burial marker.

���� (14) Records of Documents that
Affect an Interest in Property. Subject to Rule 807, the record of a document
that purports to establish or affect an interest in property if:

���� (A) the record is admitted to
prove the content of the original recorded document, along with its signing and
its delivery by each person who purports to have signed it;

���� (B) the record is kept in a
public office; and

���� (C) a statute authorizes
recording documents of that kind in that office.

���� (15) Statements in Documents
that Affect an Interest in Property. Subject to Rule 807, a statement contained
in a document that purports to establish or affect an interest in property if
the matter stated was relevant to the document�s purpose, unless dealings with
the property are inconsistent with the truth of the statement or the purport of
the document.

���� (16) Statements in Ancient
Documents. A statement in a document at least 30 years old and whose
authenticity is established.

���� (17) Market Reports and
Similar Commercial Publications. Market quotations, tabulations, lists,
directories, or other published compilations that are generally relied on by
the public or by persons in particular occupations.

���� (18) Statements in Learned
Treatises, Periodicals, or Pamphlets. A statement contained in a published
treatise, periodical, or pamphlet, on a subject of history, medicine, or other
science or art, if:

���� (A) the statement is relied on
by an expert witness on direct examination or called to the attention of the
expert on cross-examination; and

���� (B) the publication is
established as a reliable authority by testimony or by judicial notice.

���� If admitted, the statement may
not be received as an exhibit but may be read into evidence or, if graphics,
shown to the jury.

���� (19) Reputation Concerning
Personal or Family History. Evidence of a person's reputation among members of
a person's family by blood, adoption, or marriage or civil union, or among a
person's associates, or in the community, concerning a person's birth, adoption,
marriage or civil union, divorce, death, legitimacy, ancestry, relationship by
blood, adoption, or marriage or civil union, or other similar facts of a
person's personal or family history.

���� (20) Reputation Concerning
Boundaries or General History. Evidence of reputation in a community, arising
before the controversy, concerning boundaries of land in the community or
customs that affect the land, or concerning general historical events important
to that community, state, or nation in which the community is located.

���� (21) Reputation Concerning
Character. Evidence of reputation of a person's character at a relevant time
among the person's associates or in the community.

���� (22) Judgment of Previous
Conviction of Crime. In a civil proceeding, except as otherwise provided by
court order on acceptance of a plea, evidence of a final judgment against a
party adjudging the party guilty of an indictable offense in New Jersey or of
an offense which would constitute an indictable offense if committed in this
state, as against that party, to prove any fact essential to sustain the
judgment.

���� (23) Judgment Involving
Personal, Family, or General History, or a Boundary. A judgment that is
admitted to prove a matter of personal, family, or general history, or
boundaries, if the matter:

���� (A) was essential to the
judgment; and

���� (B) could be proved by
evidence of reputation.

���� (24) [Not adopted.]

���� (25) Statement against
Interest. A statement that a reasonable person in the declarant's position
would have made only if the person believed it to be true because, when made,
it was so contrary to the declarant�s proprietary, pecuniary or social interest,
or had so great a tendency to invalidate the declarant�s claim against another
or to expose the declarant to civil or criminal liability. Such a statement is
admissible against a defendant in a criminal proceeding only if the defendant
was the declarant.

���� (26) Judgments against Persons
Entitled to Indemnity. Subject to Rule 807 and except in a case brought under
the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5, the record of
a final judgment is admissible if offered by the judgment debtor in an action
in which the debtor seeks to recover partial or total indemnity or exoneration
for money paid or a liability incurred because of the judgment, as evidence:

���� (A) of the liability of the
judgment debtor;

���� (B) of the facts on which the
judgment is based; and

���� (C) of the reasonableness of
the damages recovered.

���� If the defendant in the second
action had notice of and opportunity to defend the first action, the judgment
is conclusive evidence.

���� (27) Statements by a Child
Relating to a Sexual Offense. A statement made by a child under the age of 12
relating to sexual misconduct committed with or against that child is
admissible in a criminal, juvenile, or civil case if (a) the proponent of the statement
makes known to the adverse party an intention to offer the statement and the
particulars of the statement at such time as to provide the adverse party with
a fair opportunity to prepare to meet it; (b) the court finds, in a hearing
conducted pursuant to Rule 104(a), that on the basis of the time, content and
circumstances of the statement there is a probability that the statement is
trustworthy; and (c) either (i) the child testifies at the proceeding, or (ii)
the child is unavailable as a witness and there is offered admissible evidence
corroborating the act of sexual abuse; provided that no child whose statement
is to be offered in evidence pursuant to this rule shall be disqualified to be
a witness in such proceeding by virtue of the requirements of Rule 601.

����
(28) Fresh Complaint.� (A)
A statement relating to sexual misconduct committed or employment
discrimination committed against the declarant that was:

����
(i) made spontaneously and
voluntarily;

����
(ii)�� within a reasonable
amount of time after the act had occurred; and

����
(iii)� made to a person the
victim ordinarily would turn to for support.

����
(B)� A fresh complaint
statement shall be admissible:

����
(i)��� for the purposes of
assessing the credibility of the complainant with respect to the commission of
the offense;

����
(ii)�� to negate the
inference that the victim�s initial delay or silence means the complaint was
fabricated; or

����
(iii)� when relevant, and
to the extent necessary, to explain the investigative process and complete the
narrative of events leading to the defendant�s arrest.

���� 2.��� The rule set forth in
section 1 of this Joint Resolution, if ordered adopted by the Supreme Court,
shall take effect on the date set forth in the order of adoption.

���� 3.��� This joint resolution
shall take effect immediately upon signature by the Governor; and the Secretary
of State is directed to transmit an authenticated copy forthwith to the Chief
Justice of the Supreme Court.

STATEMENT

���� This Joint Resolution amends
the Rules of Evidence to permit the jury to consider a statement by a declarant
as it relates to sexual assault or employment discrimination in certain cases.�
The resolution permits statements by the declarant relating to sexual assault
or employment discrimination when: (i) the complaint was made spontaneously and
voluntarily, (ii) within a reasonable amount of time after the crime had
occurred, and (iii) to a person the victim ordinarily would turn to for support.

���� The resolution permits
admission of declarant�s statement for the purposes of assessing the
credibility of the complainant with respect to the commission of the offense;
to negate the inference that the victim�s initial delay or silence means the
complaint was fabricated; or when relevant, and to the extent necessary, to
explain the investigative process and complete the narrative of events leading
to the defendant�s arrest.��