What's happening
This bill requires courts to provide a secure location and supervision for depositions involving domestic violence or crime victims under protection orders.
Why it matters
Prioritizes safety and emotional well-being. By mandating secure courthouse locations and the presence of a court officer, this bill aims to reduce intimidation and trauma for domestic violence or crime victims during the often-stressful deposition process.
Could improve participation in legal proceedings. Victims who feel safer are more likely to participate fully and honestly in depositions, which may result in more accurate testimony and fairer outcomes.
Addresses a gap in procedural protections. Current law does not guarantee special accommodations or supervision during depositions for protected parties, so this amendment fills a critical loophole for those under protection or restraining orders.
May set a precedent for broader victim protections. If successful, this approach could encourage similar measures in other aspects of the legal process or in other jurisdictions, expanding support for vulnerable individuals in the justice system.
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Who cares
Headline styles
Supervise Victim Depositions
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Victims During Depositions
In Senate Committee · Judiciary · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1395
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ZEBROWSKI, M. G. MILLER -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to providing domestic violence victims or crime victims with supervision while taking depositions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Lydia Peikon Cotz act".
§ 2. Section 3104 of the civil practice law and rules is amended by adding a new subdivision (f) to read as follows:
(f) Whenever a party is protected by an order of protection issued under section eight hundred forty-two of the family court act or a protective order issued under subdivision one of section 530.12 of the criminal procedure law, upon application, the court shall provide a secure location within the courthouse, and a court officer, for taking the deposition of either the party or the opposing party.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04103-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.