Bill Text: NY A08047 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A08047 Detail]

Download: New_York-2019-A08047-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8047

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
          GALEF, WEINSTEIN -- read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to expanding the
          offenses concerning which a  child  witness  may  testify  by  use  of
          closed-circuit television to include murder therein

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 65.00 of  the  criminal  procedure
     2  law,  as  amended by chapter 320 of the laws of 2006, is amended to read
     3  as follows:
     4    1. "Child witness" means a person fourteen years old or [less] younger
     5  who is or will be called to testify in a criminal proceeding, other than
     6  a grand jury proceeding, concerning an offense defined in  [article  one
     7  hundred  thirty]  one  of  the following provisions of the penal law [or
     8  section 255.25, 255.26 or 255.27 of such law], which is the  subject  of
     9  such criminal proceeding:
    10    (a) article one hundred thirty; or
    11    (b) section 255.25, 255.26, 255.27 (incest); or
    12    (c)  section  125.27  (murder  in  the first degree), except where the
    13  people have filed with the court a notice pursuant to section 250.40  of
    14  this chapter; or
    15    (d) section 125.25 (murder in the second degree).
    16    §  2. Subdivision 7 of section 65.20 of the criminal procedure law, as
    17  amended by chapter 320 of the laws of 2006 and as renumbered by  chapter
    18  548 of the laws of 2007, is amended to read as follows:
    19    7.  Notwithstanding  any other provision of law, the child witness who
    20  is alleged to be vulnerable may not be  compelled  to  testify  at  such
    21  hearing  or  to  submit to any psychological or psychiatric examination.
    22  The failure of the child witness to testify at such hearing shall not be
    23  a ground for denying a motion made pursuant to subdivision one  of  this
    24  section.  Prior  statements  made  by  the child witness relating to any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06799-01-9
        A. 8047                             2

     1  allegations of conduct constituting an offense [defined in  article  one
     2  hundred  thirty of the penal law or incest as defined in section 255.25,
     3  255.26 or 255.27 of such law] enumerated in subdivision one  of  section
     4  65.00  of  this article or to any allegation of words or conduct consti-
     5  tuting an attempt to prevent, impede or deter  the  child  witness  from
     6  cooperating  in the investigation or prosecution of the offense shall be
     7  admissible at such hearing, provided, however, that a declaration that a
     8  child witness is vulnerable may not be  based  solely  upon  such  prior
     9  statements.
    10    § 3. This act shall take effect on the first day of the calendar month
    11  next  succeeding  the  thirtieth  day  after it shall have become a law;
    12  provided, however, that the amendments to sections 65.00  and  65.20  of
    13  the  criminal  procedure  law, made by sections one and two of this act,
    14  shall not affect the  repeal  of  such  sections  and  shall  be  deemed
    15  repealed therewith.