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S00251 Summary:

BILL NOS00251
 
SAME ASNo Same As
 
SPONSORGALLIVAN
 
COSPNSR
 
MLTSPNSR
 
Amd §660.20, CP L
 
Permits an application for an order that a witness or prospective witness who is over the age of seventy-five be examined conditionally under oath in order that such testimony may be received into evidence at subsequent proceedings in or related to the action.
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S00251 Actions:

BILL NOS00251
 
01/04/2023REFERRED TO CODES
01/03/2024REFERRED TO CODES
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S00251 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           251
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- 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  examination
          of witnesses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 660.20 of the  criminal  procedure
     2  law is amended to read as follows:
     3    2.    Will not be amenable or responsive to legal process or available
     4  as a witness at a time when his or her testimony will be sought,  either
     5  because he or she is:
     6    (a)   About to leave the state and not return for a substantial period
     7  of time; or
     8    (b)  Physically ill or [incapacited.] incapacitated; or
     9    (c) Of advanced age which, for the purposes of this subdivision  shall
    10  mean a person who has attained the age of seventy-five years.
    11    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00173-01-3
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