|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
senate Bill S7126
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7126 (ACTIVE) - Details
S7126 (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.
S7126 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7126 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the criminal procedure law, in relation to permitting support to a vulnerable elderly person testifying in grand jury proceedings PURPOSE OF THE BILL: To allow a social worker or informal caregiver to be present and give care to a vulnerable elderly person during grand jury proceedings. SUMMARY OF SPECIFIC PROVISIONS: Section one amends paragraph (h) of subdivision 3 of § 190.25 of the Criminal Procedure Law, and adds a new paragraph (i) to allow a social worker or informal caregiver to be present and give care to a vulnerable elderly person who is called to give evidence in a grand jury proceed- ing, concerning any type of offense, provided that the district attorney
S7126 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7126 I N S E N A T E (PREFILED) January 8, 2020 ___________ Introduced by Sen. BIAGGI -- 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 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 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
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