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Senate Bill S754

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2021-S754 (ACTIVE) - Details

See Assembly Version of this Bill:
A5831
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10049
2017-2018: A2019
2019-2020: S7126, A1854
2023-2024: S4421, A315
2025-2026: S1641, A621

2021-S754 (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.

2021-S754 (ACTIVE) - Sponsor Memo

2021-S754 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    754
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, MAY, MYRIE -- read twice and ordered print-
   ed, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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