Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 29, 2014 |
defeated in codes |
Mar 10, 2014 |
notice of committee consideration - requested |
Jan 08, 2014 |
referred to codes |
Nov 15, 2013 |
print number 4865a |
Nov 15, 2013 |
amend and recommit to codes |
Apr 29, 2013 |
referred to codes |
Senate Bill S4865A
2013-2014 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(R, C, IP) Senate District
(D) Senate District
(D, WF) 21st Senate District
2013-S4865 - Details
- See Assembly Version of this Bill:
- A7159
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add Art 67 §§67.00 & 67.10, CP L
- Versions Introduced in 2015-2016 Legislative Session:
-
S341, A389
2013-S4865 - Sponsor Memo
BILL NUMBER:S4865 TITLE OF BILL: An act to amend the criminal procedure law, in relation to providing witnesses with facility dogs PURPOSE: To facilitate testimony the truth finding process through fair and accurate testimony by providing a judge with the discretion to allow certain witnesses the ability to testify in the presence of a facility dog. SUMMARY OF PROVISIONS: Section 1 of the bill entitles the bill "Rosie' s Law." Section 2 of the bill sets forth the legislative intent, Section 3 of the bill adds a new article sixty-seven to the criminal procedure law to allow a judge at their discretion to permit either a victim or witness of a crime of violence or sexual assault, a child or physically, mentally or psychologically impaired person to have a facil- ity dog present while testifying. Section 4 of the bill sets forth that the bill will take effect imme- diately. JUSTIFICATION: The purpose of a trial is to get to the truth of a
2013-S4865 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4865 2013-2014 Regular Sessions I N S E N A T E April 29, 2013 ___________ Introduced by Sen. GIPSON -- 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 providing witnesses with facility dogs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and shall be cited as "Rosie's Law". S 2. Legislative intent. Testifying in court is an unfamiliar and stressful event for most people and certain individuals are at a greater predisposition to be impacted by the stress. The stress can hamper the ability of a witness to provide testimony in a proceeding and interfere with the truth finding process. It has been shown that when certain individuals are permitted to have a facility dog assist them in a court- house setting it helps reduce victim or witness anxiety. The purpose of this legislation is to facilitate the truth finding process through fair and accurate testimony. If in order to facilitate testimony that is fair and accurate, the court determines by a preponderance of the evidence that a victim or witness who is either under the age of 18, physically or mentally impaired or a victim or witness of a crime of violence or sexual assault could suffer emotional distress while testifying in court that could impair the ability of the victim or witness to effectively communicate, the court may order that a facility dog or the equivalent thereof, if available, may accompany the victim or witness to the witness stand or be visible to the victim or witness in the courtroom. S 3. The criminal procedure law is amended by adding a new article 67 to read as follows: ARTICLE 67 USE OF FACILITY DOGS FOR CERTAIN WITNESSES SECTION 67.00 DEFINITIONS. 67.10 USE OF FACILITY DOGS; GENERAL RULE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10376-02-3
co-Sponsors
(D) Senate District
(R, C, IP) Senate District
(D) Senate District
(D, WF) 47th Senate District
2013-S4865A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7159
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add Art 67 §§67.00 & 67.10, CP L
- Versions Introduced in 2015-2016 Legislative Session:
-
S341, A389
2013-S4865A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4865A TITLE OF BILL: An act to amend the criminal procedure law, in relation to providing witnesses with facility dogs PURPOSE: To facilitate the truth finding process through fair and accurate testimony by providing a judge with the discretion to allow vulnerable witnesses the ability to testify in the presence of a facility dog. SUMMARY OF PROVISIONS: Section 1 entitles the bill "Rosie's Law." Section 2 sets forth the legislative intent. Section 3 adds a new article sixty-seven to the criminal procedure law. Section 67.00 defines facility dog and "vulnerable witness" for the purpose of this new Article. Section 67.10 sets forth the procedure for use by a judge to allow at their discretion to permit a vulnerable witness to have a facility dog present while testifying. Section 4 provides that this act shall take effect immediately. JUSTIFICATION: The purpose of a trial is to get to the truth of a matter. However, participating in courtroom or other legal proceedings
2013-S4865A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4865--A 2013-2014 Regular Sessions I N S E N A T E April 29, 2013 ___________ Introduced by Sens. GIPSON, AVELLA, BALL, CARLUCCI, PARKER, SAMPSON, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the criminal procedure law, in relation to providing witnesses with facility dogs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and shall be cited as "Rosie's Law". S 2. Legislative intent. Testifying in court is an unfamiliar and stressful event for most people and certain individuals are at a greater predisposition to be impacted by this experience. Stress can hamper the ability of a witness to provide testimony in a proceeding and interfere with the truth finding process. Scientific evidence has shown that calm dogs reduce stress in humans. When certain individuals are permitted to have a facility dog assist them while testifying during a court proceed- ing it helps reduce their stress so that they can better communicate. The purpose of this legislation is to facilitate the truth finding proc- ess through fair and accurate testimony. If in order to facilitate testimony that is fair and accurate, the court determines by a prepon- derance of the evidence that a vulnerable witness could suffer emotional distress while testifying in court that could impair the ability of the victim or witness to effectively communicate, the court may order that a facility dog or the equivalent thereof, if available, may accompany the vulnerable witness to the witness stand or be visible to the vulnerable witness in the courtroom. S 3. The criminal procedure law is amended by adding a new article 67 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10376-05-3
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