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NY S09564
Bill
Status
5/16/2024
Primary Sponsor
Rachel May
Click for details
AI Summary
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Authorizes courts to allow sexual assault witnesses (age 15+) to testify via live, two-way closed-circuit television from a separate "testimonial room" instead of in open court.
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Requires courts to declare a witness "vulnerable" based on clear and convincing evidence that testifying in court would cause serious mental or emotional harm and that closed-circuit testimony would diminish that harm.
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Establishes application procedures requiring written motions at least 8 days before trial, with mandatory hearings to determine vulnerability based on factors including the severity of the crime, witness age, defendant's position of authority, threats made, and prior victimization.
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Permits a support person (parent, guardian, therapist, advocate, or attorney) to remain with the vulnerable witness in the testimonial room, and ensures the witness can see images of the jury, defendant, and examiner transmitted from the courtroom.
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Requires the defendant to remain in the courtroom during such testimony unless the court finds that the defendant's presence in the same room would cause the witness severe mental or emotional harm.
Legislative Description
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.
Last Action
REFERRED TO CODES
5/16/2024