S T A T E   O F   N E W   Y O R K
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                                  5264

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced by M. of A. SCHIMMINGER, MOLINARO -- Multi-Sponsored by -- M.
  of  A.  GALEF,  PHEFFER,  WEINSTEIN  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to expanding the
  offenses concerning which a  child  witness  may  testify  by  use  of
  closed-circuit television to include murder therein

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 65.00 of  the  criminal  procedure
law,  as  amended by chapter 320 of the laws of 2006, is amended to read
as follows:
  1. "Child witness" means a person fourteen years old or [less] YOUNGER
who is or will be called to testify in a criminal proceeding, other than
a grand jury proceeding, concerning an offense defined in  [article  one
hundred  thirty]  ONE  OF  THE FOLLOWING PROVISIONS of the penal law [or
section 255.25, 255.26 or 255.27 of such law], which is the  subject  of
such criminal proceeding:
  (A) ARTICLE ONE HUNDRED THIRTY; OR
  (B) SECTION 255.25, 255.26, 255.27 (INCEST); OR
  (C)  SECTION  125.27  (MURDER  IN  THE FIRST DEGREE), EXCEPT WHERE THE
PEOPLE HAVE FILED WITH THE COURT A NOTICE PURSUANT TO SECTION 250.40  OF
THIS CHAPTER; OR
  (D) SECTION 125.25 (MURDER IN THE SECOND DEGREE).
  S  2. Subdivision 7 of section 65.20 of the criminal procedure law, as
amended by chapter 320 of the laws of 2006 and as renumbered by  chapter
548 of the laws of 2007, is amended to read as follows:
  7.  Notwithstanding  any other provision of law, the child witness who
is alleged to be vulnerable may not be  compelled  to  testify  at  such
hearing  or  to  submit to any psychological or psychiatric examination.
The failure of the child witness to testify at such hearing shall not be
a ground for denying a motion made pursuant to subdivision one  of  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-01-1
              

A. 5264                             2

section.  Prior  statements  made  by  the child witness relating to any
allegations of conduct constituting an offense [defined in  article  one
hundred  thirty of the penal law or incest as defined in section 255.25,
255.26  or  255.27 of such law] ENUMERATED IN SUBDIVISION ONE OF SECTION
65.00 OF THIS ARTICLE or to any allegation of words or  conduct  consti-
tuting  an  attempt  to  prevent, impede or deter the child witness from
cooperating in the investigation or prosecution of the offense shall  be
admissible at such hearing, provided, however, that a declaration that a
child  witness  is  vulnerable  may  not be based solely upon such prior
statements.
  S 3. This act shall take effect on the first day of the calendar month
next succeeding the thirtieth day after it  shall  have  become  a  law;
provided,  however,  that  the amendments to sections 65.00 and 65.20 of
the criminal procedure law, made by sections one and two  of  this  act,
shall  not  affect  the  repeal  of  such  sections  and shall be deemed
repealed therewith.