senate Bill S7126

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes

Co-Sponsors

S7126 (ACTIVE) - Details

See Assembly Version of this Bill:
A1854
Current Committee:
Senate 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

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

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.