Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder

1 Co-sponsor

• Tony Avella

BILL NUMBER:S1433

Title of bill

An act to amend the criminal procedure law, in relation to expanding the offenses concerning which a child witness may testify by use of closed-circuit television to include murder therein

Purpose

To minimize emotional harm for child victims and witnesses by allowing them to give testimony via closed-circuit television in murder and attempted murder cases.

Summary of provisions

Section one amends section 65.00 of the Criminal Procedure Law.

Section two amends subdivision 7 of section 65.20 of the Criminal Procedure Law.

Section three state the effective date.

Justification

In 1985, the New York State Legislature approved a law allowing children to testify via closed circuit television in court proceedings involving sexual abuse. The same concern for the welfare and sensitivities of a child who must testify to something which is deeply traumatic dictates that we extend the insulation of televised testimony to children involved in murder and attempted murder trials as well.

This legislation was prompted by a case in Erie County where a mother was accused of killing her two young daughters and attacking her son with a pickax. The son was required to testify against his mother while facing her in an open courtroom. Such testimony jeopardized the child's chances of emotional recovery from this traumatic occurrence.

Legislative history

2007-2008: S.1072 - Passed Senate; Committed to Rules 2005-2006: S.470 - Passed Senate 2003-2004: S.1914 - Passed Senate 2001-2002: S.1341 - Passed Senate 1999-2000: S.1831 - Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect on the first day of the calendar month next succeeding the thirtieth day after it shall have become a law.