S T A T E   O F   N E W   Y O R K
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                                  2778

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
  DelMONTE, HOOPER, JOHN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03802-01-9
              

A. 2778                             2

deter the child witness from cooperating in the investigation or  prose-
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.
  S  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
expiration and repeal of such sections pursuant to chapter  505  of  the
laws of 1985, as amended, and shall expire and be deemed repealed there-
with.