|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S1276
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1276 - Details
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
BILL NUMBER:S1276 TITLE OF BILL: 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 PURPOSE: To permit the use of closed circuit television for testimony of victims of alleged domestic violence, where the court determines that the witness will suffer severe mental anguish or emotional harm if required to testify in person. SUMMARY OF PROVISIONS: Amends the Criminal Procedure Law by adding a new Article 66 to permit the use of closed circuit television for testimony of victims of alleged domestic violence. Closed-circuit television will be used to permit an "adverse witness" to provide testimony. A witness shall be declared adverse when the court determines that the witness will suffer severe mental or emotional harm if required to testify at a criminal proceeding without the use of live, two-way closed circuit television, or where the presence of such witness in the court will cause one or more of the parties involved to become
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.
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.