Senate Bill S2411

2011-2012 Legislative Session

Authorizes the use of closed-circuit television for the taking of testimony from a witness who is determined to be adverse

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S2411 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 66 §§66.00 - 66.30, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1142
2013-2014: S1276

2011-S2411 (ACTIVE) - Summary

Authorizes the use of closed-circuit television for the taking of testimony from a witness who is determined to be adverse; a witness is adverse when he or she is called to testify in a criminal proceeding against a defendant, where such witness has previously had a restraining order issued against such defendant.

2011-S2411 (ACTIVE) - Sponsor Memo

2011-S2411 (ACTIVE) - Bill Text download pdf

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

                                  2411

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced by Sens. PERKINS, DIAZ, HASSELL-THOMPSON, KRUEGER, SERRANO --
  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
  the use of closed-circuit televisions for witnesses who are determined
  to be adverse due to domestic violence disputes

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

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 66 to read as follows:

                               ARTICLE 66
                  USE OF CLOSED-CIRCUIT TELEVISION FOR
                     CERTAIN DOMESTIC VIOLENCE CASES

SECTION 66.00 DEFINITIONS.
        66.10 CLOSED-CIRCUIT TELEVISION; GENERAL  RULE;  DECLARATION  OF
                ADVERSITY.
        66.20 CLOSED-CIRCUIT  TELEVISION;  PROCEDURE FOR APPLICATION AND
                GROUNDS FOR DETERMINATION.
        66.30 CLOSED-CIRCUIT TELEVISION; SPECIAL TESTIMONIAL PROCEDURES.
S 66.00 DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1. "ADVERSE WITNESS" MEANS A PERSON WHO WILL BE CALLED TO TESTIFY IN A
CRIMINAL PROCEEDING, OTHER THAN A GRAND JURY PROCEEDING,  CONCERNING  AN
OFFENSE  DEFINED  IN  TITLE  G,  H, I OR J OF THE PENAL LAW WHICH IS THE
SUBJECT OF SUCH  CRIMINAL  PROCEEDING  WHERE  SUCH  WITNESS  HAS  HAD  A
RESTRAINING ORDER ISSUED AGAINST THE ALLEGED DEFENDANT.
  2.  "TESTIMONIAL  ROOM"  MEANS  ANY  ROOM, SEPARATE AND APART FROM THE
COURTROOM, WHICH IS FURNISHED  COMFORTABLY  AND  LESS  FORMALLY  THAN  A
COURTROOM  AND  FROM  WHICH  THE  TESTIMONY OF AN ADVERSE WITNESS CAN BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07805-01-1
              

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