What's happening
This bill allows child witnesses to testify via closed-circuit television in murder cases, expanding protections beyond sex and incest offenses.
Why it matters
Expands protections for child witnesses. By including murder cases, the bill acknowledges that children may be traumatized or intimidated in these proceedings, just as in sex or incest offenses, and thus need special accommodations to testify safely.
May increase prosecution effectiveness. Allowing vulnerable child witnesses to testify via closed-circuit television can make them more willing and able to give testimony, potentially strengthening cases that rely heavily on their accounts.
Signals legal recognition of child vulnerability. The change reflects a broader societal understanding that exposure to violent crimes like murder can deeply affect children, warranting similar procedural safeguards as other sensitive offenses.
Could influence case outcomes and witness participation. With this added protection, child witnesses in murder cases might be less likely to withdraw or provide incomplete testimony due to fear or trauma, potentially impacting trial results and the pursuit of justice.
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Who cares
Child witnesses age 14 and younger
The bill would expand eligibility to testify by closed-circuit television to first- and second-degree murder proceedings, except first-degree cases in which prosecutors have filed a notice under section 250.40.
Prosecutors handling murder cases
The bill would extend the child-witness framework to covered murder cases and allow children's prior statements about those offenses at hearings to determine vulnerability.
Defense attorneys in murder cases
The bill would expand the cases in which child witnesses could testify by closed-circuit television while retaining the rule that prior statements alone cannot establish vulnerability.
Criminal court judges
The bill would broaden the offenses covered by the child-witness vulnerability hearing provisions, which prohibit compelling the child to testify at the hearing or undergo a psychological or psychiatric examination.
Headline styles
Let Child Witnesses 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
1311
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 expanding the offenses concerning which a child witness may testify by use of closed-circuit television to include murder therein
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] younger 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 thirty] one of the following provisions of the penal law [or section 255.25, 255.26 or 255.27 of such law], which is the subject of such criminal proceeding:
(a) article one hundred thirty; or
(b) section 255.25, 255.26, 255.27 (incest); or
(c) section 125.27 (murder in the first degree), except where the people have filed with the court a notice pursuant to section 250.40 of this chapter; or
(d) section 125.25 (murder in the second degree).
§ 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06799-01-9
S. 1311 2
allegations of conduct constituting an offense [defined in article one hundred thirty of the penal law or incest as defined in section 255.25, 255.26 or 255.27 of such law] enumerated in subdivision one of section 65.00 of this article 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 prosecution 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 on the first day of the calendar month next succeeding the thirtieth day after it shall have become a law; 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 expanding the offenses concerning which a child witness may testify by use of closed- circuit television to include murder therein
Purpose
Permits a vulnerable child witness to testify by closed-circuit tele- vision concerning the offenses of murder.
Summary of provisions
The bill amends sections 65.00 and 65.20 of the Criminal Procedure Law to add murder in the first and second degrees 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
This legislation was proposed in response to a case in which a young boy was required to testify in an open courtroom against his mother who had attacked him with a pickax after she had already murdered her two daugh- ters. It is difficult to imagine the trauma caused to children in these horrifying scenarios, and it should not be compounded by leaving them to testify in open court while facing their assailant. 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 murder.
Legislative history
2017-18: A.6166/S.5416 Referred to Codes 2015-16: A.4075 Referred to Codes 2013-14: A.3344 Referred to Codes 2011-12: A.5264/S.1433 Passed Senate 2009-10: A.2779/S.4550 Passed Senate 2007-08: A.2208/S.1072 Passed Senate 2005-06: A.3194/S.470 Passed Senate 2003-04: A.2929/S.1914 Passed Senate 2001-02: A.943/S.1341 Passed Senate 1999-00: A.411/S.1831 Passed Senate 1997-98: A.1234-A/S.1292 Passed Senate 1995-96; A.657-A/S.2335 - A Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the first day of the calendar month next succeeding the thirtieth day after it shall have become a law; 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 expiration and repeal of such sections pursuant to Chapter 505 of the Laws of 1985, as amended, and shall expire and be deemed
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.