Senate Bill S9762

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9762
 
                             I N  S E N A T E
 
                               May 29, 2024
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  executive  law,  in
   relation to enacting the "child survivor privacy act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  the  "child
 survivor privacy act".
   §  2. The criminal procedure law is amended by adding a new article 66
 to read as follows:
                                ARTICLE 66
             PROTECTIONS FOR CHILD VICTIMS AND CHILD WITNESSES
 
 SECTION 66.00 PROTECTIONS FOR CHILD VICTIMS AND CHILD WITNESSES.
 § 66.00 PROTECTIONS FOR CHILD VICTIMS AND CHILD WITNESSES.
   1. THE RECORDS OF ANY PROCEEDING IN THE  CRIMINAL  COURT  INVOLVING  A
 CHILD  VICTIM  AND/OR  CHILD WITNESS SHALL NOT BE OPEN TO INDISCRIMINATE
 PUBLIC INSPECTION. PROVIDED, HOWEVER, THE COURT IN ITS DISCRETION IN ANY
 CASE MAY PERMIT THE INSPECTION  OF  ANY  PAPERS  OR  RECORDS.  ANY  DULY
 AUTHORIZED  AGENCY, ASSOCIATION, SOCIETY OR INSTITUTION TO WHICH A CHILD
 IS COMMITTED MAY CAUSE AN INSPECTION OF THE RECORD OF  INVESTIGATION  TO
 BE HAD AND MAY IN THE DISCRETION OF THE COURT OBTAIN A COPY OF THE WHOLE
 OR PART OF SUCH RECORD.
   2.  ANY  CRIMINAL  PROCEEDING  WHERE  THE VICTIM IS A CHILD SHALL BE A
 CLOSED PROCEEDING UPON REQUEST MADE BY  THE  CHILD  VICTIM  AND/OR  SUCH
 CHILD  VICTIM'S  PARENT,  GUARDIAN,  OR  ADVOCATE.  FOR PURPOSES OF THIS
 SECTION, "CLOSED  PROCEEDING"  MEANS  THAT  COURT  RECORDS  MAY  NOT  BE
 PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A
 PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL-
 UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT.
   3. THE IDENTITY OF THE CHILD VICTIM SHALL BE MADE ANONYMOUS THROUGHOUT
 THE  PROCEEDING  UNLESS  A REQUEST IS MADE TO IDENTIFY THE CHILD VICTIM.
 SUCH REQUEST MAY BE MADE BY THE CHILD VICTIM, AND/OR SUCH CHILD VICTIM'S
 PARENT, GUARDIAN, OR ADVOCATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15763-01-4
 S. 9762                             2
 
   4. NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED IN A CRIMINAL  PROCEED-
 ING  IN WHICH THERE IS A CHILD VICTIM OF A CRIME, OR THE CHILD VICTIM IS
 A CHILD WITNESS AS SUCH TERM IS DEFINED IN SECTION 65.00 OF THIS  TITLE,
 OR  VULNERABLE  AS  SUCH  TERM  IS  DEFINED IN SECTION 65.10 OF THE THIS
 TITLE.
   §  3. Subdivision 1 of section 65.00 of the criminal procedure law, as
 amended by chapter 320 of the laws  of  2006,  is  amended  to  read  as
 follows:
   1. "Child witness" means a person fourteen years old or less who is or
 will  be  called to testify in a criminal proceeding, other than a grand
 jury proceeding, concerning an offense defined in  article  one  hundred
 thirty  of the penal law or section 255.25, 255.26 or 255.27 of such law
 which is the subject of such criminal proceeding, OR A  PERSON  EIGHTEEN
 YEARS  OF  AGE OR LESS WHO IS THE VICTIM OF ANY CRIME AND WHO IS OR WILL
 BE CALLED TO TESTIFY IN A CRIMINAL PROCEEDING.
   § 4. Section 642-a of the executive law, as added by  chapter  263  of
 the  laws  of  1986, the section heading and subdivision 1 as amended by
 chapter 574 of the laws of 2008, is amended to read as follows:
   § 642-a. Fair treatment of child victims as witnesses. To  the  extent
 permitted  by law, criminal justice agencies, crime victim-related agen-
 cies, social services agencies and the  courts  shall  comply  with  the
 following guidelines in their treatment of child victims:
   1.  (A)  To minimize the number of times a child victim is called upon
 to recite the events of the case and to foster a feeling  of  trust  and
 confidence  in  the  child  victim,  whenever  practicable and where one
 exists, a multi-disciplinary team as established pursuant to subdivision
 six of section four hundred twenty-three  of  the  social  services  law
 and/or  a  child advocacy center shall be used for the investigation and
 prosecution of  child  abuse  cases  involving  abuse  of  a  child,  as
 described  in paragraph (i), (ii) or (iii) of subdivision (e) of section
 one thousand twelve of the family court act, sexual abuse of a child  or
 the  death of a child, OR WHERE THE CHILD IS THE VICTIM OF OR WITNESS TO
 ANY CRIME.
   (B) WHEN IT IS NOT PRACTICABLE FOR A MULTI-DISCIPLINARY TEAM AS ESTAB-
 LISHED PURSUANT TO SUBDIVISION SIX OF SECTION FOUR HUNDRED  TWENTY-THREE
 OF  THE  SOCIAL  SERVICES LAW AND/OR A CHILD ADVOCACY CENTER TO BE USED,
 THE CHILD VICTIM AND/OR SUCH CHILD VICTIM'S FAMILY OR GUARDIAN SHALL  BE
 PROVIDED WITH INFORMATIONAL MATERIALS ON LOCAL RESOURCES FOR COUNSELING,
 ADVOCACY, AND SOCIAL SERVICES.
   2. Whenever practicable, the same prosecutor should handle all aspects
 of  a case involving an alleged child victim.  WHENEVER PRACTICABLE, THE
 SAME PROSECUTOR, ADVOCATE, AND/OR SOCIAL WORKER SHALL HANDLE ALL ASPECTS
 OF A CASE INVOLVING AN ALLEGED CHILD VICTIM.  WHENEVER PRACTICABLE,  THE
 PROSECUTOR,  ADVOCATE,  AND/OR  SOCIAL WORKER SHALL COLLABORATE WITH ONE
 ANOTHER TO MINIMIZE THE CHILD VICTIM'S STRESS OF  RECOUNTING  EVENTS  OF
 THE CASE DURING INTERVIEWS AND THROUGHOUT THE COURSE OF THE PROCEEDING.
   3.  To  minimize  the time during which a child victim must endure the
 stress of [his] SUCH CHILD VICTIM'S involvement in the proceedings,  the
 court  should  take  appropriate  action to ensure a speedy trial in all
 proceedings involving an alleged child victim. In ruling on  any  motion
 or  request  for  a  delay  or  continuance of a proceeding involving an
 alleged child victim, the court [should] SHALL consider and give  weight
 to any potential adverse impact the delay or continuance may have on the
 well-being of the child.
   4.  The  judge presiding [should] SHALL be sensitive to the psycholog-
 ical and emotional stress a child witness may undergo when testifying.
 S. 9762                             3
 
   5. In accordance with the provisions  of  article  sixty-five  of  the
 criminal  procedure law, when appropriate, a child witness as defined in
 subdivision one of section 65.00 of such law [should] SHALL be permitted
 to testify via live, two-way closed-circuit television.
   6. In accordance with the provisions of section 190.32 of the criminal
 procedure  law,  a  person supportive of the "child witness" or "special
 witness" as defined in such section [should] SHALL be  permitted  to  be
 present and accessible to a child witness at all times during [his] SUCH
 CHILD  WITNESS'S  testimony, although the person supportive of the child
 witness [should] SHALL not be permitted to influence the child's  testi-
 mony.
   7.  A child witness should be permitted in the discretion of the court
 to use anatomically correct dolls and drawings during [his]  SUCH  CHILD
 WITNESS'S testimony.
   §  5.  This  act shall take effect immediately; provided, however, the
 amendments to section 65.00  of  the  criminal  procedure  law  made  by
 section  three  of  this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.