Bill Text: NY A05588 | 2019-2020 | General Assembly | Introduced


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 8-0)

Status: (Introduced) 2019-02-13 - referred to codes [A05588 Detail]

Download: New_York-2019-A05588-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5588
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2019
                                       ___________
        Introduced by M. of A. MANKTELOW, WALSH, DeSTEFANO, GIGLIO, McDONOUGH --
          Multi-Sponsored  by  -- M. of A. STEC -- 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 347 of the laws of 2014,
     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,  or  a  social worker or informal caregiver, as
     9  provided in subdivision two of section two hundred six of the elder law,
    10  for a vulnerable elderly person as  provided  in  subdivision  three  of
    11  section  260.31  of  the  penal law, who is called to give evidence in a
    12  grand jury proceeding concerning a crime defined in article one  hundred
    13  twenty-one,  article  one  hundred  thirty,  article  two hundred sixty,
    14  section 120.10, 125.10, 125.15, 125.20, 125.25, 125.26, 125.27,  255.25,
    15  255.26  or  255.27  of the penal law provided that the district attorney
    16  consents. Such support person shall not  provide  the  witness  with  an
    17  answer  to  any question or otherwise participate in such proceeding and
    18  shall first take an oath before the grand jury that he or she will  keep
    19  secret all matters before such grand jury within his or her knowledge.
    20    § 2. This act shall take effect on the first of November next succeed-
    21  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.
                                                                   LBD08842-01-9
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