Increases age of "child witness" to 16

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the criminal procedure law, in relation to child witnesses

Summary of provisions

This bill would amend Section 65.00 of the Criminal Procedure Law to raise the age limit in the definition of "child witness" from a person twelve years old or less to a person sixteen years old or less. This definition is used in determining whether or not a "vulnerable child witness" may be permitted to give testimony via closed-circuit television in sex crimes cases.

Justification

Thirty-seven states presently permit the use of videotaped testimony of sexually abused children, twenty four states permit the use of one-way closed-circuit television testimony in child abuse cases and seven other states besides New York authorize the use of a two-way testimony system similar to New York's. Many of these states have varying definitions as to, what age constitutes a "child" witness, however it is clear from the elaborate process in Article 65 that not all child witnesses less than 12 years old will be found to be vulnerable child witnesses and thus the age of the witness may be arbitrary considering the various other factors to be considered by the court (see § 65.20(9)). Therefore, moving the age limit would allow more child witnesses protection from the trauma of in-court testimony and aid in the prosecution of sex offenders.

Legislative history

03/14/07 REFERRED TO CODES 01/09/08 REFERRED TO CODES

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately provided, however, that the amendment to subdivision 1 of section 65.00 of the criminal procedure law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.