Bill Text: NY A01802 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the examination of certain witnesses; provides for an order directing examination of a witness conditionally be based upon the ground that such witness is mentally ill and thereby incapacitated as a result or elderly and possessing a restricted capacity to either ambulate or adequately focus attention on specific events or occurrences.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A01802 Detail]

Download: New_York-2011-A01802-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1802
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2011
                                      ___________
       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to examination
         of certain witnesses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 2 of section 660.20 of the criminal procedure
    2  law is amended to read as follows:
    3    2. Will not be amenable or responsive to legal process or available as
    4  a witness at a time when his OR HER testimony  will  be  sought,  either
    5  because he OR SHE is:
    6    (a)  About  to leave the state and not return for a substantial period
    7  of time; or
    8    (b) Physically ill [or incapacited.] AND THEREBY  INCAPACITATED  AS  A
    9  RESULT THEREOF; OR
   10    (C) MENTALLY ILL AND THEREBY INCAPACITATED AS A RESULT THEREOF; OR
   11    (D)  ELDERLY WHO POSSESSES A RESTRICTED CAPACITY TO EITHER AMBULATE OR
   12  ADEQUATELY FOCUS ATTENTION ON SPECIFIC EVENTS OR OCCURRENCES.
   13    S 2. This act shall take effect on the ninetieth day  after  it  shall
   14  have  become  a  law and shall apply to all trials commenced on or after
   15  such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04500-01-1