NY State Senate Bill 2017-S5416

Senate Bill S5416

2017-2018 Legislative Session

Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Mar 27, 2017	referred to codes

2017-S5416 (ACTIVE) - Details

See Assembly Version of this Bill:: A6166
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§65.00 & 65.20, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5264
2013-2014: A3344
2015-2016: A4075
2019-2020: S1311, A8047
2021-2022: S3744
2023-2024: S5379

2017-S5416 (ACTIVE) - Summary

Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder.

2017-S5416 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5416

 TITLE OF BILL :  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

 PURPOSE :

Permits a vulnerable child witness to testify by closed-circuit
television concerning the offenses of murder.

 SUMMARY OF PROVISIONS :

The bill amends sections 65.00 and 65.20 of the Criminal Procedure Law
to add murder in the first and second degrees to the list of cases in
which a child victim or child witness may testify via closed circuit
television.

 EXISTING LAW :

Current law allows children to testify via closed-circuit TV in court
proceedings involving sexual abuse.

 JUSTIFICATION :

This legislation was proposed in response to a case in which a young
boy was required to testify in an open courtroom against his mother
who had attacked him with a pickax after she had already murdered her
two daughters. It is difficult to imagine the trauma caused to
children in these horrifying scenarios, and it should not be
compounded by leaving them to testify in open court while facing their
assailant.

In 1985, the New York State Legislature approved a law allowing
children to testify via closed-circuit TV in court proceedings
involving sexual abuse. This legislation would offer the same
protection to children who must testify regarding other deeply
traumatic cases such as murder.

 LEGISLATIVE HISTORY :

2015-16: A.4075 Referred to Codes
2013-14: A.3344 Referred to Codes
2011-12: A.5264/S.1433 Passed Senate
2009-10: A.2779/S.4550 Passed Senate
2007-08: A.2208/S.1072 Passed Senate
2005-06: A.3194/S.470 Passed Senate
2003-04: A.2929/S.1914 Passed Senate
2001-02: A.943/S.1341 Passed Senate
1999-00: A.411/S.1831 Passed Senate
1997-98: A.1234-A/S.1292 Passed Senate
1995-96; A.657-A/S.2335- A Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
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 expiration and repeal of such sections pursuant
to Chapter 505 of the Laws of 1985, as amended, and shall expire and
be deemed repealed therewith.

2017-S5416 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5416
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2017
                                ___________
 
 Introduced  by  Sen.  SERINO -- 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 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).
   §  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
 section.  Prior  statements  made  by  the child witness relating to any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05540-01-7

 S. 5416                             2
 
 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.
   § 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.

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