Authorizes the use of closed-circuit television for the taking of testimony from a witness who is determined to be adverse

5 Co-sponsors

• Ruben Diaz
• Ruth Hassell-Thompson
• Liz Krueger
• Diane J. Savino
• José M. Serrano

BILL NUMBER:S1276

Title of bill

An act to amend the criminal procedure law, in relation to authorizing the use of closed-circuit televisions for witnesses who are determined to be adverse due to domestic violence disputes

Purpose

To permit the use of closed circuit television for testimony of victims of alleged domestic violence, where the court determines that the witness will suffer severe mental anguish or emotional harm if required to testify in person.

Summary of provisions

Amends the Criminal Procedure Law by adding a new Article 66 to permit the use of closed circuit television for testimony of victims of alleged domestic violence. Closed-circuit television will be used to permit an "adverse witness" to provide testimony.

A witness shall be declared adverse when the court determines that the witness will suffer severe mental or emotional harm if required to testify at a criminal proceeding without the use of live, two-way closed circuit television, or where the presence of such witness in the court will cause one or more of the parties involved to become unruly and unmanageable.

Justification

Domestic violence is the leading cause of injury to women, resulting in more injuries than auto accidents, muggings and rapes combined. Over 20% of hospital emergency room visits by women are due to domestic violence. Domestic violence accounts for 52% of adult female homicide victims and one third of homicides among teenage girls. Every year 2,000 to 4,000 women are killed as a result of domestic violence and 3 to 6 million are injured.

It often takes great courage for a victim of domestic violence to report the crime and to press charges against their abuser. This legislation will provide protection for victims of domestic violence from further emotional and mental abuse by allowing them to testify in a court hearing via a closed circuit television.

Legislative history

2011-12: S.2411 - Referred to Codes 2009-10: S.1142 - Referred to Codes 2007-08: S.2929 - Referred to Codes 2005-06: S.1341 - Referred to Codes 2003-04: S.2239 - Referred to Codes 2001-02: S.6376 - Referred to Codes

Fiscal implications

To be determined.

Effective date

Immediately.