Assembly Bill A5588

2019-2020 Legislative Session

Makes provisions relating to grand jury proceedings and operations in relation to child witnesses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A5588 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5592
2011-2012: A5118
2013-2014: A6690
2015-2016: A6016
2017-2018: A6952
2021-2022: A4713

2019-A5588 (ACTIVE) - Summary

Provides that a person to whom a child witness has initially disclosed evidence concerning a crime and who provides emotional support, including but not limited to, a professional counselor or family member, may be present during certain proceedings of a grand jury.

2019-A5588 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5588
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced by M. of A. MANKTELOW, WALSH, DeSTEFANO, GIGLIO, McDONOUGH --
   Multi-Sponsored  by  -- M. of A. STEC -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  grand  jury
   proceedings and operation
 
   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 to read as follows:
   (h) A social worker, rape crisis counselor, psychologist  [or  other],
 professional  [providing]  OR  OTHER  PERSON TO WHOM A CHILD WITNESS HAS
 INITIALLY DISCLOSED EVIDENCE CONCERNING A CRIME AS DEFINED IN THIS PARA-
 GRAPH, AND WHO PROVIDES 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 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 on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08842-01-9

              

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