Bill S1433-2011

Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder

Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder.

Details

Actions

  • Jan 30, 2012: referred to codes
  • Jan 30, 2012: DELIVERED TO ASSEMBLY
  • Jan 30, 2012: PASSED SENATE
  • Jan 23, 2012: ADVANCED TO THIRD READING
  • Jan 19, 2012: 2ND REPORT CAL.
  • Jan 18, 2012: 1ST REPORT CAL.58
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Feb 8, 2011: referred to codes
  • Feb 8, 2011: DELIVERED TO ASSEMBLY
  • Feb 8, 2011: PASSED SENATE
  • Feb 1, 2011: ADVANCED TO THIRD READING
  • Jan 31, 2011: 2ND REPORT CAL.
  • Jan 25, 2011: 1ST REPORT CAL.29
  • Jan 7, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011
Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Perkins, Squadron, Espaillat
Nays (1): Parker
VOTE: COMMITTEE VOTE: - Codes - Jan 18, 2012
Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat

Memo

BILL NUMBER:S1433

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:

To minimize emotional harm for child victims and witnesses by allowing them to give testimony via closed-circuit television in murder and attempted murder cases.

SUMMARY OF PROVISIONS: Section one amends section 65.00 of the Criminal Procedure Law.

Section two amends subdivision 7 of section 65.20 of the Criminal Procedure Law.

Section three state the effective date.

JUSTIFICATION: In 1985, the New York State Legislature approved a law allowing children to testify via closed circuit television in court proceedings involving sexual abuse. The same concern for the welfare and sensitivities of a child who must testify to something which is deeply traumatic dictates that we extend the insulation of televised testimony to children involved in murder and attempted murder trials as well.

This legislation was prompted by a case in Erie County where a mother was accused of killing her two young daughters and attacking her son with a pickax. The son was required to testify against his mother while facing her in an open courtroom. Such testimony jeopardized the child's chances of emotional recovery from this traumatic occurrence.

LEGISLATIVE HISTORY: 2007-2008: S.1072 - Passed Senate; Committed to Rules 2005-2006: S.470 - Passed Senate 2003-2004: S.1914 - Passed Senate 2001-2002: S.1341 - Passed Senate 1999-2000: S.1831 - 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1433 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sen. SALAND -- 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 ASSEM- BLY, 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). S 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 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 consti- tuting 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. S 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.

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