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S4252Senate2009-2010 Session

Authorizes child witnesses to testify in criminal proceedings relating to assault, homocide, sexual assault or endangering the welfare of a child via closed-circuit tv

Sponsor Eric T. SchneidermanSD-31+4 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Eric T. Schneiderman

Senator · Senate District 31

History

  1. Referred to codes
  2. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

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

Purpose

This bill expands the number of cases in which closed~circuit television may be used to present the testimony of child witnesses in court proceedings.

Summary of provisions

Section 1 of the bill amends Criminal Procedure Law §65.00(1) to expand the definition of "child witness" by including witnesses in proceedings concerning offenses defined in Penal Law articles 120 (assault), 125 (homicide) and 135 (kidnapping), as well as §260.10 (endangering the welfare of a child).

Section 2 of the bill makes a conforming change to Criminal Procedure Law §65.20 by adding the same new offenses.

Section 3 of the bill provides that it shall take effect immediately.

Existing law

Under Criminal Procedure Law §65.10(2), the testimony of a vulnerable child witness may be taken by means of live, two-way closed-circuit television. The definition of "child witness" in Criminal Procedure Law §65.00(1) is currently limited to witnesses in proceedings concerning offenses defined in Penal Law article 130 and sections 255.25, 255.26 and 255.27 (sex crimes and incest).

Legislative history

This is a new bill, although similar proposals amending the definition of "child witness" previously have been introduced in the Legislature.

Statement in support

Children who are called to testify in sensitive court proceedings are at serious risk of emotional and/or mental harm. New York, like virtually every other state in the United States, has recognized this fact and has enacted common sense laws to permit such vulnerable youngsters to testify, in specific instances, via closed-circuit television in certain court proceedings. Currently, children are allowed to testify via closed-circuit television only in cases dealing with sexual crimes and incest. While the current law provides a worthwhile benefit, it can be enhanced to offer even greater protections.

In many instances, children are subjected to, or witnesses of, crimes not defined as incest or sexual in nature. Whether the case is an assault against the child; the assault of one parent by another; the abuse of a brother or sister by a parent or guardian; the kidnapping or unlawful imprisonment of a child; or, in the most serious case, the death of another person, a child may be called to testify about the crime committed against the child or another person. In any of these cases, a child is just as much at risk to suffer harm or have their testimony compromised as in cases of sex crimes or incest. This bill will give prosecutors a significant tool to successfully prosecute certain cases while furthering the important public policy goals of protecting children and helping to ensure justice. BUDGET IMPLICATIONS :

None.

Effective date

This bill would become effective immediately upon enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.