What's happening
This bill allows witnesses aged 75 or older to have their testimony taken in advance if they may not be available later.
Why it matters
Ensures key testimony is preserved. By allowing elderly witnesses (75+) to give their testimony in advance, the bill helps preserve crucial evidence that might otherwise be lost if a witness becomes unavailable due to age-related issues.
Improves fairness in criminal trials. The change addresses the reality that older witnesses may face sudden health declines, ensuring that both defense and prosecution can rely on important testimony, which supports the integrity of the judicial process.
Recognizes demographic changes. With an aging population, more witnesses may fall into this category; the amendment proactively adapts legal procedures to be more inclusive and realistic about witness availability.
Reduces stress for elderly witnesses. By permitting earlier testimony, the bill can lessen the burden and anxiety on older individuals who might otherwise be required to attend court at a later, more difficult stage in their lives.
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Who cares
Witnesses age 75 and older
The bill would add advanced age as a ground for examining witnesses whose testimony may not be available when sought.
Prosecutors and criminal defense attorneys
The bill would give them an additional statutory basis to seek examination of a witness age 75 or older before testimony is needed.
Criminal court judges
The bill would add age 75 or older to the grounds they consider when deciding whether a witness qualifies for examination under this provision.
Headline styles
Protect Elderly Witnesses' Testimony
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
623
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. GALLIVAN -- 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 examination of witnesses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 660.20 of the criminal procedure law is amended to read as follows:
2. Will not be amenable or responsive to legal process or available as a witness at a time when [his] testimony will be sought, either because [he] such witness is:
(a) About to leave the state and not return for a substantial period of time; or
(b) Physically ill or [incapacited.] incapacitated; or
(c) Of advanced age which, for the purposes of this subdivision shall mean a person who has attained the age of seventy-five years.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02526-01-5
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 examination of witnesses
Purpose
To add elderly witnesses, age 75 years or older, to the category of witnesses who may be eligible to be examined conditionally, pursuant to Article 660 of the Criminal Procedure Law, in order that such testimony may be received into evidence at subsequent proceedings in or related to the action.
Summary of provisions
Section 1 amends § 660.20, subdivision 2, to include witnesses age 75 or older to be eligible to be examined conditionally as a witness who will not be amenable or responsive to legal process or available as a witness at a time when their testimony will be sought pursuant to Article 660 of the Criminal Procedure Law.
Read the full memo (837 words)
Section 2 states that this act shall take effect immediately.
Justification
There are nearly six million cases of elder abuse in the U.S. every year. Only five states account for more than one third of all elder abuse cases in the nation, and New York State is one of them. As the senior population is poised to grow significantly over the next decade, it is almost certain that there will be a steady rise in the number of elder abuse cases in New York State.
Elder abuse crimes can take many forms. The case may involve domestic violence in which family members or caregivers physically abuse elders within the home. The largest growing area of elder abuse involves the financial exploitation of seniors, including con games and scams, in which older victims are defrauded by relatives, caregivers, fiduciaries, or strangers. Elder abuse victims are often partly or wholly reliant on the abuser. Many older victims suffer from age-related, degenerative mental conditions involving cognitive impairment, such as Alzheimer's disease or other forms of dementia.. The exploitation of a victim's advanced age is likely to have been the very reason why he or she was targeted in the first place. In some cases, the older victim may be the only witness in the case. Sadly, many elderly victims, who appear to be healthy at the outset of the investigation or the time of arrest, pass away before the case goes to trial. The elder's death, although attrib- utable to advanced age, may be sudden and come about with little warn- ing.
Prosecutors in New York State have seen an increase in.the number of elder abuse cases, but they are presently hamstrung by the void in Arti- cle 660, as witnesses of advanced age are not eligible to be examined conditionally unless they suffer from demonstrable physical illness or incapacity at the time the application is made. In a case prosecuted a few years ago, an elderly man in his 90s, said to be in good health for his age, was the victim of a theft by his long-time home aide. He passed away after the aide's arrest but before the case was presented to the Grand Jury. The case was prosecuted, but would have been improvable if the aide had not confessed (People v. Koroma). In another recent case, a defendant stole $46,000 from a woman in her 80s, who was not phys- ically ill. After the aide was indicted, the victim passed away unex- pectedly. The case was resolved in a misdemeanor plea (People v. Robeck). These were cases in which the People did not move to preserve the victim's testimony under CPL 660.20, as the statute does not author- ize an application for a conditional examination based solely on the victim's advanced age, if he or she is in otherwise good health.
In order to serve the interest of justice, prosecutors and defense attorneys should be able to seek to preserve the testimony of witnesses who are of advanced age. With respect to the issue of what should constitute advanced age under the statute, data from the Centers for Disease Control shows that Americans live, on average, 77.8 years. In light of this finding, the option of a conditional examination for a witness who is age 75 or older is warranted, given the parameters of the speedy trial statute and the periods of time that are deemed to be excludible, under the law.
Offenders should not be able to "game the system" by delaying the trial in the hope that an older witness will succumb to conditions associated with advanced age or pass away before trial. A conditional examination would preserve the testimony of witnesses of advanced age in the unfor- tunate event that advanced age or an associated degenerative condition renders them unavailable or incapable of testifying at trial because of their death, even if they appeared to be healthy at the time of the defendant's arraignment.
Legislative history
2023-24: S.251 Referred to Codes
2021-22: S.1701 Referred to Codes
2019-20: S.716/A.1856 Referred to Codes
2017-18: S.2512/A.3286 Passed Senate/Referred to Codes
2015-16: S.394/A.4440 Passed Senate/Referred to Codes
2013-14: S.7178/A.8779 Passed Senate/Referred to Codes
Fiscal implications
None.
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.