What's happening
This bill expands the use of closed-circuit television testimony for child witnesses to include murder cases in New York.
Why it matters
Expands protections for vulnerable child witnesses. By allowing closed-circuit TV testimony in murder cases, the bill aims to reduce the trauma and intimidation that young witnesses may face when testifying in open court, potentially improving their ability to provide reliable testimony.
Could increase prosecution effectiveness. Enabling more child witnesses to testify remotely may lead to stronger cases against defendants in serious crimes like murder, since children may be more willing and able to testify when not physically present in the courtroom.
Aligns with current law for sex offenses and incest. The bill brings murder cases in line with existing provisions that already allow closed-circuit testimony for child witnesses in sexual offense and incest cases, reflecting a consistent approach to handling particularly sensitive crimes.
Raises considerations about defendant rights and trial fairness. While the bill focuses on protecting child witnesses, it also touches on the balance between safeguarding vulnerable individuals and ensuring the accused’s right to confront their accuser, which may be a point of debate as the policy is broadened.
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Who cares
Headline styles
Let Kids Testify by Video
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-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.
Let Kids Testify Remotely
In Senate Committee · Codes · Sponsor Susan Serino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6166
2017-2018 Regular Sessions
IN ASSEMBLY
February 27, 2017
Introduced by M. of A. SCHIMMINGER -- Multi-Sponsored by -- M. of A. GALEF, WEINSTEIN -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to expanding the offenses concerning which a child witness may testify by use of closed-circuit television to include murder therein
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] younger 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 thirty] one of the following provisions of the penal law [or section 255.25, 255.26 or 255.27 of such law], which is the subject of such criminal proceeding:
(a) article one hundred thirty; or
(b) section 255.25, 255.26, 255.27 (incest); or
(c) section 125.27 (murder in the first degree), except where the people have filed with the court a notice pursuant to section 250.40 of this chapter; or
(d) section 125.25 (murder in the second degree).
§ 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05540-01-7
A. 6166 2
allegations of conduct constituting an offense [defined in article one hundred thirty of the penal law or incest as defined in section 255.25, 255.26 or 255.27 of such law] enumerated in subdivision one of section 65.00 of this article 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 prosecution 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 on the first day of the calendar month next succeeding the thirtieth day after it shall have become a law; 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.