What's happening
The bill allows a person to whom a child first disclosed evidence of certain crimes to provide emotional support during grand jury testimony.
Why it matters
Expands the category of individuals allowed to serve as emotional support for child witnesses. By including "other person to whom a child witness has initially disclosed evidence" (not just professionals), the bill recognizes the crucial role trusted adults—such as teachers, family friends, or relatives—play in a child's willingness to report abuse or other crimes.
Potentially improves the quality and completeness of child testimony. Allowing the presence of the first person a child confided in may help reduce the trauma and intimidation of testifying before a grand jury, leading to more accurate and thorough testimony from young victims.
Promotes victim-centered practices in the justice system. This change reflects a broader movement toward prioritizing the emotional needs and psychological safety of vulnerable witnesses, which can contribute to both better legal outcomes and improved well-being for child victims.
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Who cares
Headline styles
Support Child Witnesses in Court
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
1 Multi-sponsor
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5588
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
Introduced by M. of A. MANKTELOW, WALSH, DeSTEFANO, GIGLIO, McDONOUGH -- Multi-Sponsored by -- M. of A. STEC -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to grand jury proceedings and operation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (h) of subdivision 3 of section 190.25 of the criminal procedure law, as amended by chapter 347 of the laws of 2014, is amended to read as follows:
(h) A social worker, rape crisis counselor, psychologist [or other], professional [providing] or other person to whom a child witness has initially disclosed evidence concerning a crime as defined in this paragraph, and who provides emotional support to a child witness twelve years old or younger, or a social worker or informal caregiver, as provided in subdivision two of section two hundred six of the elder law, for a vulnerable elderly person as provided in subdivision three of section 260.31 of the penal law, who is called to give evidence in a grand jury proceeding concerning a crime defined in article one hundred twenty-one, article one hundred thirty, article two hundred sixty, section 120.10, 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 of the penal law 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.
LBD08842-01-9
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.