Legislation

Search OpenLegislation Statutes

This entry was published on 2023-05-12
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 65.00
Definitions
Criminal Procedure (CPL) CHAPTER 11-A, PART 1, TITLE D, ARTICLE 65
* § 65.00 Definitions.

As used in this article:

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
thirty of the penal law or section 255.25, 255.26 or 255.27 of such law
which is the subject of such criminal proceeding.

2. "Vulnerable child witness" means a child witness whom a court has
declared to be vulnerable.

3. "Testimonial room" means any room, separate and apart from the
courtroom, which is furnished comfortably and less formally than a
courtroom and from which the testimony of a vulnerable child witness can
be transmitted to the courtroom by means of live, two-way closed-circuit
television.

4. "Live, two-way closed-circuit television" means a simultaneous
transmission, by closed-circuit television, or other electronic means,
between the courtroom and the testimonial room in accordance with the
provisions of section 65.30.

5. "Operator" means the individual authorized by the court to operate
the closed-circuit television equipment used in accordance with the
provisions of this article.

6. A person occupies "a position of authority with respect to a child"
when he or she is a parent, guardian or other person responsible for the
custody or care of the child at the relevant time or is any other person
who maintains an ongoing personal relationship with such parent,
guardian or other person responsible for custody or care, which
relationship involves his or her living, or his or her frequent and
repeated presence, in the same household or premises as the child.

* NB Repealed September 1, 2025