What's happening
This bill allows child witnesses in assault and child endangerment cases to testify via closed-circuit television in New York.
Why it matters
Expands protections for young witnesses. By allowing children under 14 to testify via closed-circuit TV in assault and child endangerment cases, the bill aims to reduce trauma and anxiety for vulnerable victims, making it easier for them to participate in the legal process.
Broader scope for child testimony accommodations. The change adds assault (Penal Law Article 120) and endangering the welfare of a child (section 260.10) to the list of offenses (previously focused on sexual offenses and incest) where special testimony accommodations are permitted, recognizing that non-sexual abuse can also deeply affect children.
Preserves fairness for defendants. The bill maintains procedural safeguards, such as not allowing a finding of vulnerability to be based solely on a child's prior statements, aiming to balance child protection with defendants' rights to a fair trial.
Potential for improved case outcomes. By making it less intimidating for child victims and witnesses to testify, the bill could encourage more thorough and reliable testimony, potentially leading to more successful prosecutions in abuse and assault cases involving children.
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Who cares
Child witnesses age 14 and younger
The bill would extend eligibility for closed-circuit television testimony to children in proceedings involving Penal Law article 120 offenses or endangering the welfare of a child, excluding grand jury proceedings.
Prosecutors
The bill would expand the cases in which they could seek vulnerable-child witness protections and allow related prior statements at vulnerability hearings.
Defense attorneys and defendants
The bill would extend vulnerable-child witness procedures to additional charges, while retaining the rule that a vulnerability finding cannot rest solely on a child’s prior statements.
Criminal court judges
The bill would broaden the proceedings in which they could consider closed-circuit testimony and apply protections against compelling a child to testify at a vulnerability hearing or undergo a psychological or psychiatric examination.
Headline styles
Let Kids Testify Remotely
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Allow Child Testimony by Video
In Senate Committee · Codes · Sponsor Susan Serino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6147
2017-2018 Regular Sessions
IN ASSEMBLY
February 27, 2017
Introduced by M. of A. SCHIMMINGER, HOOPER -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 65.00 of the criminal procedure law, as amended by chapter 320 of the laws of 2006, is amended to read as follows:
1. "Child witness" means a person fourteen years old or less who is or will be called to testify in a criminal proceeding, other than a grand jury proceeding, concerning an offense defined in article one hundred twenty, article one hundred thirty [of the penal law or], section 255.25, 255.26 [or], 255.27 or 260.10 of [such] the penal law which is the subject of such criminal proceeding.
§ 2. Subdivision 7 of section 65.20 of the criminal procedure law, as amended by chapter 320 of the laws of 2006 and as renumbered by chapter 548 of the laws of 2007, is amended to read as follows:
7. Notwithstanding any other provision of law, the child witness who is alleged to be vulnerable may not be compelled to testify at such hearing or to submit to any psychological or psychiatric examination. The failure of the child witness to testify at such hearing shall not be a ground for denying a motion made pursuant to subdivision one of this section. Prior statements made by the child witness relating to any allegations of conduct constituting an offense defined in article one hundred twenty or one hundred thirty of the penal law [or], incest as defined in section 255.25, 255.26 or 255.27, or endangering the welfare of a child as defined in section 260.10 of such law, or to any allegation of words or conduct constituting an attempt to prevent, impede or deter the child witness from cooperating in the investigation or prose-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05541-01-7
A. 6147 2
cution of the offense shall be admissible at such hearing, provided, however, that a declaration that a child witness is vulnerable may not be based solely upon such prior statements.
§ 3. This act shall take effect immediately and shall apply to criminal proceedings conducted on or after such date; provided, however, that the amendments to sections 65.00 and 65.20 of the criminal procedure law, made by sections one and two of this act, shall not affect the repeal of such sections and shall be deemed repealed therewith.
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.