|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 05, 2011||referred to codes|
senate Bill S163
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S163 - Details
S163 - Sponsor Memo
BILL NUMBER:S163 TITLE OF BILL: An act to amend the criminal procedure law, in relation to permitting a social worker or other professional to provide emotional support to a vulnerable elderly person testifying in certain grand jury proceedings PURPOSE: This bill would permit a vulnerable elderly person to be accompanied by a professional support person whenever that elder is called before a grand jury to give evidence, provided the district attorney consents. SUMMARY OF PROVISIONS: Section 1 of the bill amends the criminal procedure law by adding a new subdivision 3(i) which would allow a social worker, rape crisis counselor, psychologist, or other professional providing emotional support to a vulnerable elderly person to accompany such person before a grand jury to give evidence, provided the district attorney consents. The support person shall not offer the witness with an answer to any question or otherwise participate in such proceeding. The support person would also be required to take an oath before the grand jury that he or she will keep the grand jury proceedings secret within his or her own knowledge. Specifies that "vulnerable elderly person" is used for purposes of this subdivision as defined by section 260.31 of the penal law.
S163 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 163 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MAZIARZ, DeFRANCISCO, DIAZ, RANZENHOFER -- 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 permitting a social worker or other professional to provide emotional support to a vulnerable elderly person testifying in certain grand jury proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 190.25 of the criminal procedure law is amended by adding a new paragraph (i) to read as follows: (I) A SOCIAL WORKER, RAPE CRISIS COUNSELOR, PSYCHOLOGIST OR OTHER PROFESSIONAL PROVIDING EMOTIONAL SUPPORT TO A VULNERABLE ELDERLY PERSON, AS THAT TERM IS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THE PENAL LAW, AS ADDED BY CHAPTER THREE HUNDRED EIGHTY-ONE OF THE LAWS OF NINETEEN HUNDRED NINETY-EIGHT, WHO IS CALLED TO GIVE EVIDENCE IN A GRAND JURY PROCEEDING, CONCERNING ANY TYPE OF OFFENSE, PROVIDED THAT THE DISTRICT ATTORNEY CONSENTS. SUCH SUPPORT PERSON SHALL NOT PROVIDE THE WITNESS WITH AN ANSWER TO ANY QUESTION OR OTHERWISE PARTICIPATE IN SUCH PROCEEDING AND SHALL FIRST TAKE AN OATH BEFORE THE GRAND JURY THAT HE OR SHE WILL KEEP SECRET ALL MATTERS BEFORE SUCH GRAND JURY WITHIN HIS OR HER KNOWLEDGE. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01660-01-1
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