S2194-2011 - NY Senate Open Legislation - Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings

Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings.

Sponsor: SALAND / Co-sponsor(s): AVELLA / Committee: CODES
Law Section: Criminal Procedure Law / Law: Amd SS65.00 & 65.20, CP L

S2194-2011 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.60
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.34
Jan 18, 2011: REFERRED TO CODES

S2194-2011 Meetings

Codes: Jan 18, 2012, Codes: Jan 25, 2011

S2194-2011 Calendars

Active List: Jan 30, 2012 , Active List: Feb 8, 2011 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2011 , Floor Calendar: Feb 1, 2011 , Floor Calendar: Feb 7, 2011 , Floor Calendar: Feb 8, 2011

S2194-2011 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: FLOOR VOTE: - Feb 8, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Smith

VOTE: COMMITTEE VOTE: - Codes - Jan 18, 2012

Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Perkins, Squadron, Espaillat
Ayes W/R (1): Parker

VOTE: FLOOR VOTE: - Jan 30, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Huntley

S2194-2011 Memo

BILL NUMBER:S2194

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

PURPOSE:
To minimize mental or emotional harm for child victims and witnesses
by allowing them to give testimony via closed circuit television in
assault and endangering the welfare of a child cases.

SUMMARY OF PROVISIONS:
The bill amends sections 65.00 and 65.20 of the Criminal Procedure Law
to add offenses defined in Article 120 of the Penal Law (assault and
related offenses) and section 260.10 of the Penal Law (endangering
the welfare of a child) to the list of cases in which a child victim
or child witness may testify via closed circuit television.

EXISTING LAW:
Currently the law allows those child victims or child witnesses who
have been declared vulnerable to testify via closed circuit
television only in sexual abuse cases as defined in Article 130 and
section 255.25 of the Penal Law.

JUSTIFICATION:
In 1985, the New York State Legislature approved a law allowing
children who have been declared vulnerable to testify via
closed-circuit TV 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
assault and endangering the welfare of a child cases.

LEGISLATIVE HISTORY:
2007-2008: S.1073 - Passed Senate
2005-2006: S.469  - Passed Senate
2003-2004: S.1915 - Passed Senate
2001-2002: S.1342 - Passed Senate
2000:      S.6758 - Passed Senate

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

S2194-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2194
 2011-2012 Regular Sessions
 I N  SENATE
 January 18, 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  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  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 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.
 

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  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 allega
 tion of words or conduct constituting an attempt to prevent,  impede  or
 deter  the child witness from cooperating in the investigation or prose
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05410-01-1
        S. 2194                             2
 cution 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 immediately and shall apply to crimi
 nal 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.

S2194-2011: Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings