Bill Text: NY A05831 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05831 Detail]

Download: New_York-2021-A05831-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5831

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 26, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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:

     1    Section  1.  Paragraph  (h)  of subdivision 3 of section 190.25 of the
     2  criminal procedure law, as amended by chapter 347 of the laws  of  2014,
     3  is amended and a new paragraph (i) is added to read as follows:
     4    (h)  A  social  worker,  rape  crisis counselor, psychologist or other
     5  professional providing emotional support to a child witness twelve years
     6  old or younger[, or a social worker or informal caregiver,  as  provided
     7  in  subdivision  two  of section two hundred six of the elder law, for a
     8  vulnerable elderly person as provided in subdivision  three  of  section
     9  260.31 of the penal law,] who is called to give evidence in a grand jury
    10  proceeding concerning a crime defined in article one hundred twenty-one,
    11  article  one  hundred thirty, article two hundred sixty, section 120.10,
    12  125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
    13  of the penal law provided that  the  district  attorney  consents.  Such
    14  support person shall not provide the witness with an answer to any ques-
    15  tion or otherwise participate in such proceeding and shall first take an
    16  oath  before  the grand jury that he or she will keep secret all matters
    17  before such grand jury within his or her knowledge.
    18    (i) A social worker or informal caregiver, as defined  in  subdivision
    19  two of section two hundred six of the elder law, for a vulnerable elder-
    20  ly person as defined in subdivision three of section 260.31 of the penal
    21  law,  as  added by chapter three hundred eighty-one of the laws of nine-
    22  teen hundred ninety-eight, who is called to give  evidence  in  a  grand
    23  jury  proceeding,  concerning  any  type  of  offense, provided that the
    24  district attorney consents. Such support person shall  not  provide  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02961-01-1
        A. 5831                             2

     1  witness  with an answer to any question or otherwise participate in such
     2  proceeding and shall first take an oath before the grand jury that he or
     3  she will keep secret all matters before such grand jury  within  his  or
     4  her knowledge.
     5    § 2. This act shall take effect immediately.