NY S04406

Allows sexual assault witnesses aged 15 and older to testify via live, two-way closed-circuit television from a separate "testimonial room" if a court declares them "vulnerable" based on clear and convincing evidence they would suffer serious mental or emotional harm from testifying in open court

Requires courts to consider specific factors when determining vulnerability, including: particularly heinous offense circumstances, defendant's position of authority over the witness, use of threats or weapons, ongoing abuse, or expert testimony about psychological susceptibility to harm

Mandates that vulnerable witnesses be provided a support person (family member, therapist, attorney, or victim advocate) in the testimonial room during testimony

Establishes detailed procedural requirements including written motion at least 8 days before trial, a hearing to determine vulnerability, and protections preventing the witness from being compelled to testify at the vulnerability hearing or submit to psychological examination

Requires the court to ensure the defendant's constitutional confrontation rights are protected, with the defendant able to see and hear the witness, and allows the defendant to request jury instructions that no inference should be drawn from the use of closed-circuit television