S T A T E O F N E W Y O R K
________________________________________________________________________
6147
2017-2018 Regular Sessions
I N A S S E M B L Y
February 27, 2017
___________
Introduced by M. of A. SCHIMMINGER, HOOPER -- read once and referred 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.
§ 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.
LBD05541-01-7
A. 6147 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.
§ 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.