S T A T E O F N E W Y O R K
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4508
2009-2010 Regular Sessions
I N S E N A T E
April 24, 2009
___________
Introduced by Sen. SCHNEIDERMAN -- 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 authorizing
child witnesses to testify by use of closed-circuit television in
assault and endangering the welfare of a child proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 65.00 of the criminal procedure
2 law, as amended by chapter 320 of the laws of 2006, is amended to read
3 as follows:
4 1. "Child witness" means a person fourteen years old or less who is or
5 will be called to testify in a criminal proceeding, other than a grand
6 jury proceeding, concerning an offense defined in ARTICLE ONE HUNDRED
7 TWENTY, article one hundred thirty [of the penal law or], section
8 255.25, 255.26 [or], 255.27 OR 260.10 of [such] THE PENAL law which is
9 the subject of such criminal proceeding.
10 S 2. Subdivision 7 of section 65.20 of the criminal procedure law, as
11 amended by chapter 320 of the laws of 2006 and as renumbered by chapter
12 548 of the laws of 2007, is amended to read as follows:
13 7. Notwithstanding any other provision of law, the child witness who
14 is alleged to be vulnerable may not be compelled to testify at such
15 hearing or to submit to any psychological or psychiatric examination.
16 The failure of the child witness to testify at such hearing shall not be
17 a ground for denying a motion made pursuant to subdivision one of this
18 section. Prior statements made by the child witness relating to any
19 allegations of conduct constituting an offense defined in article ONE
20 HUNDRED TWENTY OR one hundred thirty of the penal law [or], incest as
21 defined in section 255.25, 255.26 or 255.27, OR ENDANGERING THE WELFARE
22 OF A CHILD AS DEFINED IN SECTION 260.10 of such law, or to any allega-
23 tion of words or conduct constituting an attempt to prevent, impede or
24 deter the child witness from cooperating in the investigation or prose-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03802-01-9
S. 4508 2
1 cution of the offense shall be admissible at such hearing, provided,
2 however, that a declaration that a child witness is vulnerable may not
3 be based solely upon such prior statements.
4 S 3. This act shall take effect immediately and shall apply to crimi-
5 nal proceedings conducted on or after such date; provided, however, that
6 the amendments to sections 65.00 and 65.20 of the criminal procedure
7 law, made by sections one and two of this act, shall not affect the
8 expiration and repeal of such sections pursuant to chapter 505 of the
9 laws of 1985, as amended, and shall expire and be deemed repealed there-
10 with.