Assembly Bill A1854

2019-2020 Legislative Session

Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A1854 (ACTIVE) - Details

See Senate Version of this Bill:
S7126
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10049
2017-2018: A2019
2021-2022: A5831, S754
2023-2024: A315, S4421

2019-A1854 (ACTIVE) - Summary

Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.

2019-A1854 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1854
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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