2019 New York Laws
CPL - Criminal Procedure
Part 1 - General Provisions
Title D - Rules of Evidence, Standards of Proof and Related Matters
Article 65 - Use of Closed-Circuit Television for Certain Child Witnesses
65.10 - Closed-Circuit Television; General Rule; Declaration of Vulnerability.
* § 65.10 Closed-circuit television; general rule; declaration ofvulnerability.
1. A child witness shall be declared vulnerable when the court, in accordance with the provisions of section 65.20, determines by clear and convincing evidence that it is likely that such child witness will suffer serious mental or emotional harm if required to testify at a criminal proceeding without the use of live, two-way closed-circuit television and that the use of such live, two-way closed-circuit television will diminish the likelihood or extent of, such harm.
2. When the court declares a child witness to be vulnerable, it shall, except as provided in subdivision four of section 65.30, authorize the taking of the testimony of the vulnerable child witness from the testimonial room by means of live, two-way closed-circuit television. Under no circumstances shall the provisions of this article be construed to authorize a closed-circuit television system by which events in the courtroom are not transmitted to the testimonial room during the testimony of the vulnerable child witness.
3. Nothing herein shall be contrued to preclude the court from exercising its power to close the courtroom or from exercising any authority it otherwise may have to protect the well-being of a witness and the rights of the defendant.
* NB Repealed September 1, 2020
