What's happening
This bill allows child witnesses in assault and child endangerment cases to testify via closed-circuit television in New York.
Why it matters
Expands protections for vulnerable child witnesses. By including assault (Article 120) and endangering the welfare of a child (Section 260.10) in the list of offenses, the bill allows more child victims or witnesses—especially in non-sexual abuse cases—to avoid the trauma of in-person testimony, which can reduce their stress and risk of retraumatization.
Increases admissibility of child witness statements. Prior statements by the child about assault or child endangerment are now admissible in hearings to decide if the child can testify via closed-circuit TV, potentially strengthening prosecutions by ensuring critical testimony isn't lost if the child is too traumatized to testify live.
Maintains safeguards for child witnesses. The bill continues to prohibit compelling vulnerable children to undergo psychological exams or testify at preliminary hearings about their vulnerability, aiming to shield them from further emotional or psychological harm during legal proceedings.
Reflects a broader definition of child witness. By amending the law to cover a wider range of offenses, the bill acknowledges that children can be deeply affected by a variety of crimes, not just sexual offenses, and that they deserve similar procedural protections in court.
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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 proceedings involving Penal Law article 120 offenses or endangering the welfare of a child, excluding grand jury proceedings.
Prosecutors
The bill would expand the cases in which they could seek closed-circuit testimony for a vulnerable child witness and allow relevant prior statements at vulnerability hearings.
Defense attorneys and defendants
The bill would expand the proceedings in which child witnesses could testify by closed-circuit television rather than in the courtroom.
Criminal court judges
Judges considering vulnerability motions in the added cases could admit children’s relevant prior statements but could not base a vulnerability finding solely on those statements.
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
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
970
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. ROLISON -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00380-01-5
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 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
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
2023-24: S.5377 Referred to Codes
2021-22: S.3743 Referred to Codes
2019-20: S.1310 Referred to Codes
2017-18: S.5417 Referred to Codes
2015-16: A.4131 Referred to Codes
2014-15: A.3343 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.