Assembly Bill A5263

2011-2012 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5263 (ACTIVE) - Details

See Senate Version of this Bill:
S2194
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§65.00 & 65.20, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3343
2015-2016: A4131
2017-2018: A6147
2019-2020: A8048

2011-A5263 (ACTIVE) - Summary

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

2011-A5263 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5263

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. SCHIMMINGER, HOOPER -- read once and referred 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05410-01-1
              

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