senate Bill S1433

2011-2012 Legislative Session

Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2012 referred to codes
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.58
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 08, 2011 referred to codes
delivered to assembly
passed senate
Feb 01, 2011 advanced to third reading
Jan 31, 2011 2nd report cal.
Jan 25, 2011 1st report cal.29
Jan 07, 2011 referred to codes

Votes

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Jan 18, 2012 - Codes committee Vote

S1433
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jan 25, 2011 - Codes committee Vote

S1433
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1433 - Bill Details

See Assembly Version of this Bill:
A5264
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง65.00 & 65.20 CP L

S1433 - Bill Texts

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Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder.

view sponsor memo
BILL NUMBER:S1433

TITLE OF BILL:

An act
to amend the criminal procedure law, in relation to expanding the
offenses concerning which a child
witness may testify by use of closed-circuit television to include
murder therein

PURPOSE:

To minimize emotional harm for child victims and witnesses by allowing
them to give testimony via closed-circuit television in murder and
attempted murder cases.

SUMMARY OF PROVISIONS:
Section one amends section 65.00 of the Criminal Procedure Law.

Section two amends subdivision 7 of section 65.20 of the Criminal
Procedure Law.

Section three state the effective date.

JUSTIFICATION:
In 1985, the New York State Legislature approved a law allowing
children to testify via closed circuit television in court proceedings
involving sexual abuse. The same concern for the welfare and
sensitivities of a child who must testify to something which is
deeply traumatic dictates that we extend the insulation of televised
testimony to children involved in murder and attempted murder trials
as well.

This legislation was prompted by a case in Erie County where a mother
was accused of killing her two young daughters and attacking her son
with a pickax. The son was required to testify against his mother
while facing her in an open courtroom. Such testimony jeopardized the
child's chances of emotional recovery from this traumatic occurrence.

LEGISLATIVE HISTORY:
2007-2008: S.1072 - Passed Senate; Committed to Rules
2005-2006: S.470 - Passed Senate
2003-2004: S.1914 - Passed Senate
2001-2002: S.1341 - Passed Senate
1999-2000: S.1831 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first day of the calendar month next
succeeding the thirtieth day after it shall have become a law.

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

                                  1433

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to expanding the
  offenses concerning which a  child  witness  may  testify  by  use  of
  closed-circuit television to include murder therein

  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] YOUNGER
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  thirty]  ONE  OF  THE FOLLOWING PROVISIONS of the penal law [or
section 255.25, 255.26 or 255.27 of such law], which is the  subject  of
such criminal proceeding:
  (A) ARTICLE ONE HUNDRED THIRTY; OR
  (B) SECTION 255.25, 255.26, 255.27 (INCEST); OR
  (C)  SECTION  125.27  (MURDER  IN  THE FIRST DEGREE), EXCEPT WHERE THE
PEOPLE HAVE FILED WITH THE COURT A NOTICE PURSUANT TO SECTION 250.40  OF
THIS CHAPTER; OR
  (D) SECTION 125.25 (MURDER IN THE SECOND DEGREE).
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-01-1

S. 1433                             2

allegations of conduct constituting an offense [defined in  article  one
hundred  thirty of the penal law or incest as defined in section 255.25,
255.26 or 255.27 of such law] ENUMERATED IN SUBDIVISION ONE  OF  SECTION
65.00  OF  THIS ARTICLE or to any allegation of words or conduct consti-
tuting an attempt to prevent, impede or deter  the  child  witness  from
cooperating  in the investigation or prosecution 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 on the first day of the calendar month
next  succeeding  the  thirtieth  day  after it shall have become a law;
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.

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