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Senate Bill S6632

2011-2012 Legislative Session

Relates to the examination of certain witnesses

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S6632 (ACTIVE) - Details

See Assembly Version of this Bill:
A1802
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง660.20, CP L
Versions Introduced in 2009-2010 Legislative Session:
A7015

2011-S6632 (ACTIVE) - Summary

Relates to the examination of certain witnesses; provides for an order directing examination of a witness conditionally be based upon the ground that such witness is mentally ill and thereby incapacitated as a result or elderly and possessing a restricted capacity to either ambulate or adequately focus attention on specific events or occurrences.

2011-S6632 (ACTIVE) - Sponsor Memo

2011-S6632 (ACTIVE) - Bill Text download pdf 

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

                                  6632

                            I N  S E N A T E

                              March 7, 2012
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  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

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