S T A T E O F N E W Y O R K
________________________________________________________________________
623
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. GALLIVAN -- 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 examination
of witnesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 660.20 of the criminal procedure
law is amended to read as follows:
2. Will not be amenable or responsive to legal process or available
as a witness at a time when [his] testimony will be sought, either
because [he] SUCH WITNESS is:
(a) About to leave the state and not return for a substantial period
of time; or
(b) Physically ill or [incapacited.] INCAPACITATED; OR
(C) OF ADVANCED AGE WHICH, FOR THE PURPOSES OF THIS SUBDIVISION SHALL
MEAN A PERSON WHO HAS ATTAINED THE AGE OF SEVENTY-FIVE YEARS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02526-01-5