S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6147
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2017
                                ___________
 
 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.
   §  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.
              

                                                            LBD05541-01-7

 A. 6147                             2
 
 cution of the offense shall be admissible  at  such  hearing,  provided,
 however,  that  a declaration that a child witness is vulnerable may not
 be based solely upon such prior statements.
   §  3. This act shall take effect immediately and shall apply to crimi-
 nal proceedings conducted on or after such date; provided, however, that
 the amendments to sections 65.00 and 65.20  of  the  criminal  procedure
 law,  made  by  sections  one  and two of this act, shall not affect the
 repeal of such sections and shall be deemed repealed therewith.