Authorizes use of closed-circuit television for the testimony of domestic violence victim witnesses in a criminal proceeding

6 Co-sponsors

• Owen H. Johnson
• William J. Larkin Jr.
• Thomas P. Morahan
• Frank Padavan
• Michael H. Ranzenhofer
• Stephen M. Saland

Title of bill

An act to amend the criminal procedure law, in relation to authorizing the use of closed-circuit television for vulnerable domestic violence victim witnesses

Purpose

Article 65 of the criminal procedure law is amended to permit the use of closed circuit television for the testimony of victims of alleged domestic violence.

Summary of provisions

Amends article 65 of the criminal procedure law to include a domestic violence victim witness as a vulnerable person who may testify in a criminal proceeding, concerning an offense defined in subdivision 1 of section 530.11 of the criminal procedure law or an offense committed by a member of such individual's immediate family as defined in subdivision 4 of section 120.40 of the penal law.

Justification

In recent years, over two-thirds of violent victimizations against women were committed by someone known to them. Approximately 28% were intimates such as husbands or boyfriends, 35% were acquaintances, and the remaining 5% were other relatives.

Females accounted for 39% of the hospital emergency department visits for violence-related injuries in 1994 while 84% of these persons were treated for injuries inflicted by intimates. 31,260 women were murdered by an intimate from 1976-1996.

Very often, vulnerable witnesses are reluctant to testify about crimes that have been committed against them out of fear; Allowing these witnesses to testify in the physical absence of their abuser may help facilitate their willingness to come forward and testify.

Legislative history

2008: S.4875

Fiscal implications

Nominal.

Effective date

This act shall take effect immediately.