What's happening
This bill allows a social worker or informal caregiver to provide emotional support to vulnerable elderly witnesses during grand jury proceedings with district attorney consent.
Why it matters
Expands emotional support access. The bill allows vulnerable elderly witnesses to have a social worker or informal caregiver present for emotional support during any grand jury proceeding, not just certain types of crimes—potentially making it less intimidating for them to testify.
Recognizes informal caregivers. By including informal caregivers (not just professionals), the bill acknowledges the important support role that trusted non-professionals can play in helping elderly individuals navigate the justice system.
Maintains grand jury integrity. The support person is strictly barred from influencing testimony or participating beyond providing emotional support, and must swear to secrecy, aiming to protect both the witness and the confidentiality of the proceedings.
District attorney oversight. The requirement for district attorney consent acts as a safeguard, ensuring that the presence of a support person is appropriate and does not interfere with the legal process.
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Who cares
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Support For Elderly Witnesses
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2019
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. SCHIMMINGER -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to permitting support to a vulnerable elderly person testifying in grand jury proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (h) of subdivision 3 of section 190.25 of the criminal procedure law, as amended by chapter 347 of the laws of 2014, is amended and a new paragraph (i) is added to read as follows:
(h) A social worker, rape crisis counselor, psychologist or other professional providing emotional support to a child witness twelve years old or younger[, or a social worker or informal caregiver, as provided in subdivision two of section two hundred six of the elder law, for a vulnerable elderly person as provided in subdivision three of section 260.31 of the penal law,] who is called to give evidence in a grand jury proceeding concerning a crime defined in article one hundred twenty-one, article one hundred thirty, article two hundred sixty, section 120.10, 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 of the penal law provided that the district attorney consents. Such support person shall not provide the witness with an answer to any question or otherwise participate in such proceeding and shall first take an oath before the grand jury that he or she will keep secret all matters before such grand jury within his or her knowledge.
(i) A social worker or informal caregiver, as defined in subdivision two of section two hundred six of the elder law, for a vulnerable elderly person as defined in subdivision three of section 260.31 of the penal law, as added by chapter three hundred eighty-one of the laws of nineteen hundred ninety-eight, who is called to give evidence in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents. Such support person shall not provide the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05807-01-7
A. 2019 2
witness with an answer to any question or otherwise participate in such proceeding and shall first take an oath before the grand jury that he or she will keep secret all matters before such grand jury within his or her knowledge.
§ 2. This act shall take effect immediately.
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.