NY State Senate Bill 2017-S5417

Senate Bill S5417

2017-2018 Legislative Session

Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings

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-S5417 (ACTIVE) - Details

See Assembly Version of this Bill:: A6147
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: A5263
2013-2014: A3343
2015-2016: A4131
2019-2020: S1310, A8048
2021-2022: S3743
2023-2024: S5377
2025-2026: S970

2017-S5417 (ACTIVE) - Summary

Relates to authorizing child witnesses to testify by use of closed-circuit television in assault and endangering the welfare of a child proceedings.

2017-S5417 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5417

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to authorizing child witnesses to testify by use of
closed-circuit television in assault and endangering the welfare of a
child proceedings

 PURPOSE :

To minimize mental or emotional harm for child victims and witnesses
by allowing them to give testimony via closed circuit television in
assault and endangering the welfare of a child cases.

 SUMMARY OF PROVISIONS :

The bill amends sections 65.00 and 65.20 of the Criminal Procedure Law
to add offenses defined in Article 120 of the Penal Law (assault and
related offenses) and section 260.10 of the Penal Law (endangering the
welfare of a child) 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 :

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 those involving assault and related offenses,
as well as endangering the welfare of a child.

 LEGISLATIVE HISTORY :

2015-16: A.4131 Referred to Codes
2014-15: A.3343 Referred to Codes
2011-12: S.2194 Passed Senate
2007-08: S.1073 Passed Senate
2005-06: S.469 Passed Senate
2003-04: S.1915 Passed Senate
2001-02: S.1342 Passed Senate
2000: S.6758 Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to criminal
proceedings conducted on or after such date; 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.

2017-S5417 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5417
 
                        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  authorizing
   child  witnesses  to  testify  by  use of closed-circuit television in
   assault and endangering the welfare of a child proceedings

   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 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
 TWENTY,  article  one  hundred  thirty  [of  the  penal law or], section
 255.25, 255.26 [or], 255.27 OR 260.10 of [such] THE PENAL law  which  is
 the subject of such criminal proceeding.
   §  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
 allegations of conduct constituting an offense defined  in  article  ONE
 HUNDRED  TWENTY  OR  one hundred thirty of the penal law [or], incest as
 defined in section 255.25, 255.26 or 255.27, OR ENDANGERING THE  WELFARE
 OF  A  CHILD AS DEFINED IN SECTION 260.10 of such law, or to any allega-
 tion of words or conduct constituting an attempt to prevent,  impede  or
 deter  the child witness from cooperating in the investigation or prose-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05541-01-7

 S. 5417                             2
 
 cution 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 immediately and shall apply to crimi-
 nal proceedings conducted on or after such date; 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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