What's happening
This bill allows witnesses aged 75 or older to give testimony before trial if they may be unavailable later due to advanced age.
Why it matters
Expands early witness testimony protections to elderly individuals. By explicitly including those aged 75 or older, the bill recognizes that advanced age alone can make future court attendance uncertain, not just illness or plans to leave the state.
Aims to preserve crucial evidence. Allowing elderly witnesses to testify before trial ensures their accounts are recorded while they are still available, reducing the risk of losing important testimony due to deteriorating health or death before trial.
May impact trial strategy and scheduling. Prosecutors and defense attorneys may need to adjust their preparation timelines and approaches, knowing that elderly witnesses’ testimony could be secured early and might be presented in court via recorded pre-trial depositions.
Addresses demographic realities. As the population ages, this change proactively adapts court procedures to better accommodate the needs and vulnerabilities of older citizens involved in the justice process, potentially increasing fairness and accuracy in criminal trials.
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Who cares
Headline styles
Include Elderly as Witnesses
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
4 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.
Ease Witness Rules for Elderly
In Senate Committee · Codes · Sponsor Patrick M. Gallivan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1856
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. SCHIMMINGER, OTIS, SIMOTAS, ENGLEBRIGHT, GUNTHER, JAFFEE, COOK, BRONSON -- Multi-Sponsored by -- M. of A. PEOPLES-STOKES, PERRY, STECK, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to examination of witnesses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 660.20 of the criminal procedure law is amended to read as follows:
2. Will not be amenable or responsive to legal process or available as a witness at a time when his testimony will be sought, either because he is:
(a) About to leave the state and not return for a substantial period of time; or
(b) Physically ill or [incapacited.] incapacitated; or
(c) Of advanced age which, for the purposes of this subdivision shall mean a person who has attained the age of seventy-five years.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02724-01-9
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.