S T A T E   O F   N E W   Y O R K
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                                   1311
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 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.
              

                                                            LBD06799-01-9

 S. 1311                             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.