Provides that a person to whom a child witness has initially disclosed evidence concerning a crime and who provides emotional support, including but not limited to, a professional counselor or family member, may be present during certain proceedings of a grand jury.
Sponsor: Oaks (MS) / Multi-sponsor(s): Barclay, Butler, Calhoun, Corwin, Duprey, Finch, Fitzpatrick, Jordan, McLaughlin, Miller J, Molinaro, Palmesano, Rabbitt, Sayward / Co-sponsor(s): Kolb, McDonough, Malliotakis, Montesano, Saladino
Law Section: Criminal Procedure Law / Law: Amd S190.25, CP L
Sponsor: Oaks (MS) / Multi-sponsor(s): Barclay, Butler, Calhoun, Corwin, Duprey, Finch, Fitzpatrick, Jordan, McLaughlin, Miller J, Molinaro, Palmesano, Rabbitt, Sayward / Co-sponsor(s): Kolb, McDonough, Malliotakis, Montesano, Saladino
Law Section: Criminal Procedure Law / Law: Amd S190.25, CP L
A5118-2011 Actions
- Jan 4, 2012: referred to codes
- May 24, 2011: held for consideration in codes
- Feb 11, 2011: referred to codes
A5118-2011 Text
S T A T E O F N E W Y O R K
5118 2011-2012 Regular Sessions I N ASSEMBLY February 11, 2011
Introduced by M. of A. OAKS, KOLB, McDONOUGH, MALLIOTAKIS, MONTESANO, SALADINO -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, CALHOUN, CORWIN, DUPREY, FINCH, FITZPATRICK, JORDAN, McLAUGHLIN, J. MILLER, MOLINARO, PALMESANO, RABBITT, SAYWARD -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to grand jury proceedings and operation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (h) of subdivision 3 of section 190.25 of the criminal procedure law, as amended by chapter 405 of the laws of 2010, is amended to read as follows:
(h) A social worker, rape crisis counselor, psychologist [or other], professional [providing] OR OTHER PERSON TO WHOM A CHILD WITNESS HAS INITIALLY DISCLOSED EVIDENCE CONCERNING A CRIME AS DEFINED IN THIS PARA GRAPH, AND WHO PROVIDES emotional support to a child witness twelve years old or younger 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 ques tion or otherwise participate in such proceeding and shall first take an oath before the grand jury that he or she will keep secret all matters before such grand jury within his or her knowledge.
S 2. This act shall take effect on the first of November next succeed ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04309-01-1
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