New York S 4406: Authorizes the use of closed-circuit television for vulnerable sexual assault witnesses

Bill Text

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S04406 Summary:

BILL NOS04406 

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SAME ASSAME AS A08159

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SPONSORMAY

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COSPNSRGALLIVAN

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MLTSPNSR

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Add Art 67 §§67.00 - 67.30, CP L

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Authorizes the use of closed-circuit television for vulnerable sexual assault witnesses; establishes a procedure for determining who qualifies as a vulnerable sexual assault witness.

Go to top S04406 Actions:

BILL NOS04406 

&nbsp

02/04/2025REFERRED TO CODES

05/05/20251ST REPORT CAL.916

05/06/20252ND REPORT CAL.

05/07/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO CODES

05/04/20261ST REPORT CAL.882

05/05/20262ND REPORT CAL.

05/06/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS04406 Committee&nbspVotes:

Go to topS04406 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04406 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4406

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. MAY -- 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
 the use of closed-circuit television for vulnerable sexual assault
 witnesses

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new arti-
 2 cle 67 to read as follows:
 3 ARTICLE 67
 4 USE OF CLOSED-CIRCUIT TELEVISION
 5 FOR CERTAIN SEXUAL ASSAULT WITNESSES
 6 Section 67.00 Definitions.
 7 67.10 Closed-circuit television; general rule; declaration of
 8 vulnerability.
 9 67.20 Closed-circuit television; procedure for application and
 10 grounds for determination.
 11 67.30 Closed-circuit television; special testimonial procedure.
 12 § 67.00 Definitions.
 13 As used in this article:
 14 1. "Sexual assault witness" means a person fifteen years or older who
 15 is or will be called to testify in a criminal proceeding, other than a
 16 grand jury proceeding, concerning an offense defined in article one
 17 hundred thirty of the penal law or section 255.25, 255.26 or 255.27 of
 18 such law which is the subject of such criminal proceeding.
 19 2. "Vulnerable sexual assault witness" means a sexual assault witness
 20 whom a court has declared to be vulnerable.
 21 3. "Testimonial room" means any room, separate and apart from the
 22 courtroom, which is furnished comfortably and less formally than a
 23 courtroom and from which the testimony of a vulnerable sexual assault

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08618-01-5

 S. 4406 2

 1 witness can be transmitted to the courtroom by means of live, two-way
 2 closed-circuit television.
 3 4. "Live, two-way closed-circuit television" means a simultaneous
 4 transmission, by closed-circuit television, or other electronic means,
 5 between the courtroom and the testimonial room in accordance with the
 6 provisions of section 67.30 of this article.
 7 5. "Operator" means the individual authorized by the court to operate
 8 the closed-circuit television equipment used in accordance with the
 9 provisions of this article.
 10 6. "A position of authority with respect to a witness" means when such
 11 person is a parent, guardian or other person responsible for the custody
 12 or care of such witness at the relevant time.
 13 7. "Support person" means a parent, guardian, spouse, or family member
 14 who is not the defendant in the pending criminal action. A support
 15 person shall also include a sexual assault witness's therapist, attor-
 16 ney, or an advocate associated with programs enrolled in the state's
 17 victim advocacy program.
 18 § 67.10 Closed-circuit television; general rule; declaration of vulner-
 19 ability.
 20 1. A sexual assault witness shall be declared vulnerable when the
 21 court, in accordance with the provisions of section 67.20 of this arti-
 22 cle, determines by clear and convincing evidence that it is likely that
 23 such sexual assault witness will suffer serious mental or emotional harm
 24 if required to testify at a criminal proceeding without the use of live,
 25 two-way closed-circuit t