What's happening
This bill allows child witnesses to testify via closed-circuit television in certain assault and child endangerment cases.
Why it matters
Expands protection for child witnesses. By allowing children to testify remotely in assault and child endangerment cases (not just in sexual offense cases), the bill aims to reduce trauma and intimidation for vulnerable witnesses, potentially making it easier for children to participate in the justice process.
Broader scope for qualifying offenses. The bill adds assault (Article 120) and endangering the welfare of a child (section 260.10) to the list of crimes where closed-circuit testimony can be used, reflecting a recognition that child witnesses in these cases face similar vulnerabilities to those in sexual abuse cases.
Maintains safeguards for due process. The legislation clarifies that prior statements by child witnesses can be admitted during hearings to determine vulnerability, but a finding of vulnerability cannot be based solely on those statements. This balances the need to protect children with the rights of the accused.
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Who cares
Child witnesses age 14 and younger
The bill would extend eligibility for closed-circuit television testimony to children in assault and child-endangerment proceedings, excluding grand jury proceedings.
Prosecutors
The bill would allow children's prior statements about assault or child endangerment to be admitted at vulnerability hearings, though those statements alone could not establish vulnerability.
Defense attorneys
The bill would expand the criminal proceedings in which child witnesses could seek to testify by closed-circuit television.
Criminal court judges
Judges would apply the child-witness vulnerability process to assault and child-endangerment proceedings, without compelling children to testify at the hearing or undergo psychological or psychiatric examinations.
Headline styles
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 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
1310
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
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.
LBD06800-01-9
S. 1310 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
2017-18: S.5417 Referred to Codes 2015-16: A.4131 Referred to Codes 2014-15: A3343 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.