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

8 Co-sponsors

• Tony Avella
• John J. Bonacic
• Terry Gipson
• Ruth Hassell-Thompson
• William J. Larkin Jr.
• George D. Maziarz
• Thomas F. O'Mara
• Michael H. Ranzenhofer

BILL NUMBER:S2205

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

Domestic Violence is a pattern of coercive behavior that is used by one person to maintain power and control over another. It may include the use of physical and sexual violence, verbal and emotional abuse, stalking and economic abuse. Sexual, emotional and psychological intimidation may also occur.

Nearly 3 in 10 women and 1 in 10 men in the United States have experienced rape, physical violence, and/or stalking by a partner. (The National Intimate Partner and Sexual Violence Survey, 2011). Domestic Violence resulted in 2,340 deaths in 2007. Of these deaths, 70% were females and 30% were males. (Department of Justice, Bureau of Justice Statistics). This means that, on average, more than three women and one man are murdered by their intimate partners in this country every day. (Domestic Violence Resource Center). Most intimate partner homicides occur between spouses, though boyfriends and girlfriends have committed about the same number of homicides in recent years. (Bureau of Justice Statistics, Intimate Partner Violence in the United States, 1993-2004, 2006).

It is estimated that 2 million to 4 million United States women experience a non-deadly assault by a domestic partner each year. (The National Coalition Against Domestic Violence).

On average, only 70% of nonfatal partner violence is reported to law enforcement. Of those not reporting, 41% of males and 27% of female victims (34% average), 15% feared reprisal. (Bureau of Justice, Intimate Partner Violence in the United States, 1993-2004, 2006).

Because these victims fear reprisal, their likelihood of testifying against their abuser dramatically decreases. Allowing these victims to testify in the physical absence of their abusers may help to facilitate their willingness to come forward and testify.

Legislative history

2011,2012: S.754/A.10262 Passed Senate 2009,2010: S.3416 Referred to Codes 2007,2008: S.4875 Passed Senate

Fiscal implications

Nominal.

Effective date

This act shall take effect immediately, with provisions.