Bill Text: NY S01701 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 1701 (Prior Session Legislation)

Introduced

Bill Title: Permits an application for an order that a witness or prospective witness who is over the age of seventy-five be examined conditionally under oath in order that such testimony may be received into evidence at subsequent proceedings in or related to the action.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01701 Detail]

Download: New_York-2021-S01701-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          1701

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        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:

     1    Section 1. Subdivision 2 of section 660.20 of the  criminal  procedure
     2  law is amended to read as follows:
     3    2.    Will not be amenable or responsive to legal process or available
     4  as a witness at a time when his testimony will be sought, either because
     5  he is:
     6    (a)  About to leave the state and not return for a substantial  period
     7  of time; or
     8    (b)  Physically ill or [incapacited.] incapacitated; or
     9    (c)  Of advanced age which, for the purposes of this subdivision shall
    10  mean a person who has attained the age of seventy-five years.
    11    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04116-01-1