What's happening
This bill allows a social worker or informal caregiver to provide emotional support to vulnerable elderly witnesses during grand jury proceedings with district attorney consent.
Why it matters
Expands support for vulnerable elderly witnesses. The bill allows both social workers and informal caregivers to be present as emotional support for vulnerable elderly witnesses, not just for specific crimes, but for any grand jury proceeding if the district attorney consents.
Broader definition of eligible support persons. “Informal caregiver” is explicitly included alongside social workers, meaning trusted non-professionals (such as family or friends recognized under elder law) can offer support—potentially making it easier for elderly individuals to testify in stressful circumstances.
Confidentiality and non-interference safeguards. The support person must take an oath of secrecy regarding grand jury matters and is prohibited from answering questions or otherwise influencing the proceeding, balancing the witness’s comfort with the integrity of the legal process.
Potential to increase access to justice. By reducing emotional barriers for elderly witnesses, this change could help prosecutors present fuller cases in crimes involving vulnerable older adults and encourage more elderly victims or witnesses to come forward.
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Who cares
Headline styles
Support for Elderly Witnesses
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 34
1 Co-sponsor
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.612
- 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.
Support for Elderly Witnesses
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1641
2025-2026 Regular Sessions
IN SENATE
January 13, 2025
Introduced by Sen. FERNANDEZ -- 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 permitting support to a vulnerable elderly person testifying in grand jury proceedings
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 and a new paragraph (i) is added to read as follows:
(h) A social worker, rape crisis counselor, psychologist or other professional providing 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] such support person will keep secret all matters before such grand jury within [his or her] such support person's knowledge.
(i) A social worker or informal caregiver, as defined in subdivision two of section two hundred six of the elder law, for a vulnerable elderly person as 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02288-01-5
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 such support person will keep secret all matters before such grand jury within such support person's knowledge.
§ 2. This act shall take effect immediately.
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 permitting support to a vulnerable elderly person testifying in grand jury proceedings
Purpose or general idea of bill
To allow a social worker or informal caregiver to be present and give care to a vulnerable elderly person during grand jury proceedings.
Summary of provisions
Section one amends paragraph (h) of subdivision 3 of § 190.25 of the Criminal Procedure Law, and adds a new paragraph (i) to allow a social worker or informal caregiver to be present and give care to a vulnerable elderly person who is called to give evidence in a grand jury proceed- ing, concerning any type of offense, provided that the district attorney consents.
Section 2 sets the effective date.
Justification
Chapter 347 of the Laws of 2014 expanded the Criminal Procedure Law to allow for a social worker or informal caregiver to be present and give care to a vulnerable elderly person during grand jury proceedings for specified crimes. These crimes included offenses related to children, disabled persons, and vulnerable elderly persons, sex offenses, strangu- lation, assault, criminally negligent homicide, manslaughter, murder, aggravated murder and incest. Although this change was a great first step, additional expansion on these provisions should be made to allow a social worker or informal caregiver to be present and give care to a vulnerable elderly person who is called to give evidence in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.
Prior legislative history
2023-2024: S4421 / A315
2021-2022: S754 / A5931
2020: S7126 / A1854
2017-2018: A2019
2016: A10049
Fiscal implications
TBD
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.