senate Bill S1276

2013-2014 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 -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

view additional co-sponsors

S1276 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 66 §§66.00 - 66.30, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2411
2009-2010: S1142

S1276 - 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.

S1276 - Sponsor Memo

S1276 - Bill Text download pdf

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

                                  1276

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERKINS, DIAZ, HASSELL-THOMPSON, KRUEGER, SAVINO,
  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

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

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.