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Assembly Bill A7015

2009-2010 Legislative Session

Relates to the examination of certain witnesses

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Archive: Last Bill Status - In Assembly Committee

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2009-A7015 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง660.20, CP L
Versions Introduced in 2011-2012 Legislative Session:
A1802

2009-A7015 (ACTIVE) - Summary

Relates to the examination of certain witnesses; provides for an order directing examination of a witness conditionally be based upon the ground that such witness is mentally ill and thereby incapacitated as a result or elderly and possessing a restricted capacity to either ambulate or adequately focus attention on specific events or occurrences.

2009-A7015 (ACTIVE) - Bill Text download pdf 

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

                                  7015

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to amend the criminal procedure law, in relation to examination
  of certain witnesses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 660.20 of the criminal procedure
law is amended to read as follows:
  2. Will not be amenable or responsive to legal process or available as
a witness at a time when his OR HER testimony  will  be  sought,  either
because he OR SHE is:
  (a)  About  to leave the state and not return for a substantial period
of time; or
  (b) Physically ill [or incapacited.] AND THEREBY  INCAPACITATED  AS  A
RESULT THEREOF; OR
  (C) MENTALLY ILL AND THEREBY INCAPACITATED AS A RESULT THEREOF; OR
  (D)  ELDERLY WHO POSSESSES A RESTRICTED CAPACITY TO EITHER AMBULATE OR
ADEQUATELY FOCUS ATTENTION ON SPECIFIC EVENTS OR OCCURRENCES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law and shall apply to all trials commenced on or after
such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10315-01-9

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