Bill Text: NY S06632 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 6632 (Prior Session Legislation)

Introduced

Bill Title: Relates to the examination of certain witnesses; provides for an order directing examination of a witness conditionally be based upon the ground that such witness is mentally ill and thereby incapacitated as a result or elderly and possessing a restricted capacity to either ambulate or adequately focus attention on specific events or occurrences.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-03-07 - REFERRED TO CODES [S06632 Detail]

Download: New_York-2011-S06632-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6632
                                   I N  S E N A T E
                                     March 7, 2012
                                      ___________
       Introduced  by  Sen. MAZIARZ -- 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 certain 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 as
    4  a  witness  at  a  time when his OR HER testimony will be sought, either
    5  because he OR SHE 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.] AND THEREBY INCAPACITATED AS A
    9  RESULT THEREOF; OR
   10    (C) MENTALLY ILL AND THEREBY INCAPACITATED AS A RESULT THEREOF; OR
   11    (D) ELDERLY WHO POSSESSES A RESTRICTED CAPACITY TO EITHER AMBULATE  OR
   12  ADEQUATELY FOCUS ATTENTION ON SPECIFIC EVENTS OR OCCURRENCES.
   13    S  2.  This  act shall take effect on the ninetieth day after it shall
   14  have become a law and shall apply to all trials commenced  on  or  after
   15  such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04500-01-1