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A5712Assembly2019-2020 Session

Support Elderly Court Witnesses

Official title

“Permits a social worker or other professional to provide emotional support to a vulnerable elderly person testifying in certain grand jury proceedings”

Sponsor Steven EnglebrightAD-4+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows vulnerable elderly witnesses in grand jury proceedings to have a support professional present with district attorney consent.

Why it matters

  1. Aims to reduce trauma for elderly witnesses. By allowing a support professional to be present, the bill recognizes the heightened vulnerability and emotional stress elderly individuals may face during intimidating grand jury proceedings, potentially improving their ability to testify fully and accurately.

  2. Safeguards the integrity of testimony. The support professional is strictly prohibited from influencing the witness's answers or participating in the proceeding, and must swear to secrecy, balancing the need for emotional support with the integrity and confidentiality of grand jury processes.

  3. Applies broadly to all types of offenses. The provision is not limited to specific crimes; any grand jury case involving a vulnerable elderly witness is eligible for this support, which could lead to increased reporting and prosecution of crimes against the elderly.

  4. District attorney oversight. The presence of a support professional requires district attorney consent, ensuring prosecutorial discretion and case-by-case evaluation to prevent potential misuse or unnecessary delays in proceedings.

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Who cares

Headline styles

Support Elderly Court Witnesses

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5712

2019-2020 Regular Sessions

IN ASSEMBLY

February 14, 2019

Introduced by M. of A. ENGLEBRIGHT, ABBATE, GUNTHER -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, COOK, CYMBROWITZ, GALEF, GOTTFRIED, 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.

LBD09515-01-9

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.