S T A T E O F N E W Y O R K
________________________________________________________________________
1802
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
___________
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.
LBD04500-01-1