Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 642-A
Fair treatment of child victims as witnesses
Executive (EXC) CHAPTER 18, ARTICLE 23
§ 642-a. Fair treatment of child victims as witnesses. To the extent
permitted by law, criminal justice agencies, crime victim-related
agencies, social services agencies and the courts shall comply with the
following guidelines in their treatment of child victims:

1. 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.

2. Whenever practicable, the same prosecutor should handle all aspects
of a case involving an alleged child victim.

3. To minimize the time during which a child victim must endure the
stress of his 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 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 be sensitive to the psychological and
emotional stress a child witness may undergo when testifying.

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 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 be permitted to be present
and accessible to a child witness at all times during his testimony,
although the person supportive of the child witness should not be
permitted to influence the child's testimony.

7. A child witness should be permitted in the discretion of the court
to use anatomically correct dolls and drawings during his testimony.