Bill Text: NY A05118 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 20-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A05118 Detail]

Download: New_York-2011-A05118-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5118
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   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:
    1    Section 1. Paragraph (h) of subdivision 3 of  section  190.25  of  the
    2  criminal  procedure  law, as amended by chapter 405 of the laws of 2010,
    3  is amended to read as follows:
    4    (h) A social worker, rape crisis counselor, psychologist  [or  other],
    5  professional  [providing]    OR OTHER PERSON TO WHOM A CHILD WITNESS HAS
    6  INITIALLY DISCLOSED EVIDENCE CONCERNING A CRIME AS DEFINED IN THIS PARA-
    7  GRAPH, AND WHO PROVIDES emotional support  to  a  child  witness  twelve
    8  years  old  or  younger  who  is called to give evidence in a grand jury
    9  proceeding concerning a crime defined in article one hundred twenty-one,
   10  article one hundred thirty, article two hundred sixty,  section  120.10,
   11  125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
   12  of  the  penal  law  provided  that the district attorney consents. Such
   13  support person shall not provide the witness with an answer to any ques-
   14  tion or otherwise participate in such proceeding and shall first take an
   15  oath before the grand jury that he or she will keep secret  all  matters
   16  before such grand jury within his or her knowledge.
   17    S 2. This act shall take effect on the first of November next succeed-
   18  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