Bill 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

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

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.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

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2194 2011-2012 Regular Sessions IN 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-
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.

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