What's happening
The bill expands the use of closed-circuit television testimony for child witnesses to include murder cases, in addition to certain sex offenses and incest.
Why it matters
Reduces trauma for child witnesses. Allowing children under 15 to testify via closed-circuit television in murder trials (in addition to sex offenses and incest) may help minimize emotional distress and intimidation from facing the accused in open court.
Could improve quality and availability of child testimony. By making it less daunting for children to testify, the bill may make it more likely that key evidence from young witnesses is heard, potentially strengthening cases where their testimony is crucial.
May affect trial dynamics and defendants’ rights. Expanding remote testimony in serious cases like murder could prompt debates about balancing a child’s welfare with a defendant’s right to confront their accuser face-to-face, possibly leading to future legal challenges or changes in court procedures.
Signals growing recognition of children’s vulnerabilities in violent crime cases. This move reflects a broader shift in the legal system’s approach to child witnesses, acknowledging that their needs and protections are relevant not only in sexual or familial abuse cases but also in the most serious violent crimes.
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Who cares
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Let Kids Testify Remotely
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 by Video
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5416
2017-2018 Regular Sessions
IN SENATE
March 27, 2017
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed 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
S. 5416 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.
Sponsor's memo
Title of bill
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
Purpose
Permits a vulnerable child witness to testify by closed-circuit television concerning the offenses of murder.
Summary of provisions
The bill amends sections 65.00 and 65.20 of the Criminal Procedure Law to add murder in the first and second degrees to the list of cases in which a child victim or child witness may testify via closed circuit television.
Existing law
Current law allows children to testify via closed-circuit TV in court proceedings involving sexual abuse.
Justification
This legislation was proposed in response to a case in which a young boy was required to testify in an open courtroom against his mother who had attacked him with a pickax after she had already murdered her two daughters. It is difficult to imagine the trauma caused to children in these horrifying scenarios, and it should not be compounded by leaving them to testify in open court while facing their assailant.
In 1985, the New York State Legislature approved a law allowing children to testify via closed-circuit TV in court proceedings involving sexual abuse. This legislation would offer the same protection to children who must testify regarding other deeply traumatic cases such as murder.
Legislative history
2015-16: A.4075 Referred to Codes 2013-14: A.3344 Referred to Codes 2011-12: A.5264/S.1433 Passed Senate 2009-10: A.2779/S.4550 Passed Senate 2007-08: A.2208/S.1072 Passed Senate 2005-06: A.3194/S.470 Passed Senate 2003-04: A.2929/S.1914 Passed Senate 2001-02: A.943/S.1341 Passed Senate 1999-00: A.411/S.1831 Passed Senate 1997-98: A.1234-A/S.1292 Passed Senate 1995-96; A.657-A/S.2335- A Passed Senate
Fiscal implications
None.
Effective date
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 expiration and repeal of such sections pursuant to Chapter 505 of the Laws of 1985, as amended, and shall expire and be deemed repealed therewith.
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