Assembly Bill A10049

2015-2016 Legislative Session

Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings

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Archive: Last Bill Status - In Assembly 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

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2015-A10049 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง190.25, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2019
2019-2020: A1854
2021-2022: A5831
2023-2024: A315

2015-A10049 (ACTIVE) - Summary

Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.

2015-A10049 (ACTIVE) - Bill Text download pdf 

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

                                  10049

                          I N  A S S E M B L Y

                               May 6, 2016
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  permitting
  support  to  a  vulnerable  elderly  person  testifying  in grand jury
  proceedings

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

  Section  1.  Paragraph  (h)  of subdivision 3 of section 190.25 of the
criminal procedure law, as amended by chapter 347 of the laws  of  2014,
is amended and a new paragraph (i) is added to read as follows:
  (h)  A  social  worker,  rape  crisis counselor, psychologist or other
professional providing emotional support to a child witness twelve years
old or younger[, or a social worker or informal caregiver,  as  provided
in  subdivision  two  of section two hundred six of the elder law, for a
vulnerable elderly person as provided in subdivision  three  of  section
260.31 of the penal law,] who is called to give evidence in a grand jury
proceeding concerning a crime defined in article one hundred twenty-one,
article  one  hundred thirty, article two hundred sixty, section 120.10,
125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
of the penal law provided that  the  district  attorney  consents.  Such
support person shall not provide the witness with an answer to any ques-
tion or otherwise participate in such proceeding and shall first take an
oath  before  the grand jury that he or she will keep secret all matters
before such grand jury within his or her knowledge.
  (I) A SOCIAL WORKER OR INFORMAL CAREGIVER, AS DEFINED  IN  SUBDIVISION
TWO OF SECTION TWO HUNDRED SIX OF THE ELDER LAW, FOR A VULNERABLE ELDER-
LY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THE PENAL
LAW,  AS  ADDED BY CHAPTER THREE HUNDRED EIGHTY-ONE OF THE LAWS OF NINE-
TEEN HUNDRED NINETY-EIGHT, WHO IS CALLED TO GIVE  EVIDENCE  IN  A  GRAND
JURY  PROCEEDING,  CONCERNING  ANY  TYPE  OF  OFFENSE, PROVIDED THAT THE
DISTRICT ATTORNEY CONSENTS. SUCH SUPPORT PERSON SHALL  NOT  PROVIDE  THE
WITNESS  WITH AN ANSWER TO ANY QUESTION OR OTHERWISE PARTICIPATE IN SUCH
PROCEEDING AND SHALL FIRST TAKE AN OATH BEFORE THE GRAND JURY THAT HE OR
SHE WILL KEEP SECRET ALL MATTERS BEFORE SUCH GRAND JURY  WITHIN  HIS  OR
HER KNOWLEDGE.
  S 2. This act shall take effect immediately.

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