What's happening
This bill allows child witnesses in assault and endangering the welfare of a child cases to testify via closed-circuit television.
Why it matters
Expands protections for child witnesses. by allowing those under 14 to testify via closed-circuit television in cases of assault and endangering the welfare of a child, not just in sex offense or incest cases as previously allowed.
Reduces trauma and intimidation for vulnerable child witnesses. , making it less likely that the stress of facing an alleged abuser in court will deter them from testifying or lead to re-traumatization.
May improve prosecution outcomes. in child assault and endangerment cases by making it easier to secure critical testimony from children who might otherwise be unwilling or unable to testify in open court.
Signals a broader policy shift. toward recognizing the special needs of minor victims and witnesses in the justice system, potentially paving the way for further reforms to child witness procedures.
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Who cares
Headline styles
Allow Child Testimony by Video
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 Remotely
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5417
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 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
S. 5417 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.
Sponsor's memo
Title of bill
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
Purpose
To minimize mental or emotional harm for child victims and witnesses by allowing them to give testimony via closed circuit television in assault and endangering the welfare of a child cases.
Summary of provisions
The bill amends sections 65.00 and 65.20 of the Criminal Procedure Law to add offenses defined in Article 120 of the Penal Law (assault and related offenses) and section 260.10 of the Penal Law (endangering the welfare of a child) 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
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 those involving assault and related offenses, as well as endangering the welfare of a child.
Legislative history
2015-16: A.4131 Referred to Codes 2014-15: A.3343 Referred to Codes 2011-12: S.2194 Passed Senate 2007-08: S.1073 Passed Senate 2005-06: S.469 Passed Senate 2003-04: S.1915 Passed Senate 2001-02: S.1342 Passed Senate 2000: S.6758 Passed Senate
Fiscal implications
None.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.