What's happening
This bill allows a social worker or similar professional to provide emotional support to vulnerable elderly witnesses during certain grand jury proceedings.
Why it matters
Supports vulnerable elderly witnesses. By allowing a social worker or similar professional to provide emotional support, the bill specifically addresses the needs of elderly people who may feel intimidated or overwhelmed during the often stressful grand jury process.
Potentially improves witness testimony and participation. Emotional support can help vulnerable elderly witnesses feel safer and more confident, which may increase their willingness to participate and the reliability of their testimony in serious criminal cases.
Introduces safeguards for the grand jury process. The support person is prohibited from influencing testimony or participating in the proceedings beyond offering comfort, and must take an oath of secrecy, helping maintain the integrity of the legal process while still providing support.
District attorney oversight. The requirement that the district attorney must consent ensures that the use of a support person is subject to prosecutorial review, balancing the needs of the witness with procedural fairness.
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Who cares
Headline styles
Support for Elderly Witnesses
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6298
2017-2018 Regular Sessions
IN ASSEMBLY
March 2, 2017
Introduced by M. of A. ENGLEBRIGHT, ABBATE, GUNTHER -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, COOK, CYMBROWITZ, GALEF, GOTTFRIED, MAGEE, RIVERA -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to permitting a social worker or other professional to provide emotional support to a vulnerable elderly person testifying in certain grand jury proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 190.25 of the criminal procedure law is amended by adding a new paragraph (i) to read as follows:
(i) A social worker, rape crisis counselor, psychologist or other professional providing emotional support to a vulnerable elderly person, as that term is 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 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 on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03336-01-7
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.