S T A T E O F N E W Y O R K
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1854
2019-2020 Regular Sessions
I N A S S E M B L Y
January 17, 2019
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Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to permitting
support to a vulnerable elderly person testifying in grand jury
proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (h) of subdivision 3 of section 190.25 of the
criminal procedure law, as amended by chapter 347 of the laws of 2014,
is amended and a new paragraph (i) is added to read as follows:
(h) A social worker, rape crisis counselor, psychologist or other
professional providing emotional support to a child witness twelve years
old or younger[, or a social worker or informal caregiver, as provided
in subdivision two of section two hundred six of the elder law, for a
vulnerable elderly person as provided in subdivision three of section
260.31 of the penal law,] who is called to give evidence in a grand jury
proceeding concerning a crime defined in article one hundred twenty-one,
article one hundred thirty, article two hundred sixty, section 120.10,
125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
of the penal law provided that the district attorney consents. Such
support person shall not provide the witness with an answer to any ques-
tion or otherwise participate in such proceeding and shall first take an
oath before the grand jury that he or she will keep secret all matters
before such grand jury within his or her knowledge.
(I) A SOCIAL WORKER OR INFORMAL CAREGIVER, AS DEFINED IN SUBDIVISION
TWO OF SECTION TWO HUNDRED SIX OF THE ELDER LAW, FOR A VULNERABLE ELDER-
LY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THE PENAL
LAW, AS ADDED BY CHAPTER THREE HUNDRED EIGHTY-ONE OF THE LAWS OF NINE-
TEEN HUNDRED NINETY-EIGHT, WHO IS CALLED TO GIVE EVIDENCE IN A GRAND
JURY PROCEEDING, CONCERNING ANY TYPE OF OFFENSE, PROVIDED THAT THE
DISTRICT ATTORNEY CONSENTS. SUCH SUPPORT PERSON SHALL NOT PROVIDE THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03839-01-9
A. 1854 2
WITNESS WITH AN ANSWER TO ANY QUESTION OR OTHERWISE PARTICIPATE IN SUCH
PROCEEDING AND SHALL FIRST TAKE AN OATH BEFORE THE GRAND JURY THAT HE OR
SHE WILL KEEP SECRET ALL MATTERS BEFORE SUCH GRAND JURY WITHIN HIS OR
HER KNOWLEDGE.
§ 2. This act shall take effect immediately.