senate Bill S2194

2011-2012 Legislative Session

Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (16)
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.60
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.34
Jan 18, 2011 referred to codes

Votes

view votes

Jan 18, 2012 - Codes committee Vote

S2194
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jan 25, 2011 - Codes committee Vote

S2194
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S2194 - Bill Details

See Assembly Version of this Bill:
A5263
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง65.00 & 65.20, CP L

S2194 - Bill Texts

view summary

Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings.

view sponsor memo
BILL NUMBER:S2194

TITLE OF BILL:
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

PURPOSE:
To minimize mental or emotional harm for child victims and witnesses
by allowing them to give testimony via closed circuit television in
assault and endangering the welfare of a child cases.

SUMMARY OF PROVISIONS:
The bill amends sections 65.00 and 65.20 of the Criminal Procedure Law
to add offenses defined in Article 120 of the Penal Law (assault and
related offenses) and section 260.10 of the Penal Law (endangering
the welfare of a child) to the list of cases in which a child victim
or child witness may testify via closed circuit television.

EXISTING LAW:
Currently the law allows those child victims or child witnesses who
have been declared vulnerable to testify via closed circuit
television only in sexual abuse cases as defined in Article 130 and
section 255.25 of the Penal Law.

JUSTIFICATION:
In 1985, the New York State Legislature approved a law allowing
children who have been declared vulnerable to testify via
closed-circuit TV 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
assault and endangering the welfare of a child cases.

LEGISLATIVE HISTORY:
2007-2008: S.1073 - Passed Senate
2005-2006: S.469 - Passed Senate
2003-2004: S.1915 - Passed Senate
2001-2002: S.1342 - Passed Senate
2000: S.6758 - Passed Senate

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2194

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 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  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
deter  the child witness from cooperating in the investigation or prose-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05410-01-1

S. 2194                             2

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
repeal of such sections and shall be deemed repealed therewith.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.