Provides that a person to whom a child witness has initially disclosed evidence concerning a crime and who provides emotional support, including but not limited to, a professional counselor or family member, may be present during certain proceedings of a grand jury.
STATE OF NEW YORK
________________________________________________________________________
5592
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. OAKS, ALFANO, BALL, BARRA, ERRIGO, KOLB, McDO-
NOUGH, WALKER -- Multi-Sponsored by -- M. of A. BACALLES, BUTLER,
CALHOUN, DUPREY, FINCH, FITZPATRICK, JORDAN, MILLER, MOLINARO, O'MARA,
QUINN, RABBITT, SCOZZAFAVA, TOWNSEND -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to grand jury
proceedings and operation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (h) of subdivision 3 of section 190.25 of the
2 criminal procedure law, as separately amended by chapters 93 and 320 of
3 the laws of 2006, is amended to read as follows:
4 (h) A social worker, rape crisis counselor, psychologist [or other],
5 professional [providing] or other person to whom a child witness has
6 initially disclosed evidence concerning a crime as defined in this para-
7 graph, and who provides emotional support to a child witness twelve
8 years old or younger who is called to give evidence in a grand jury
9 proceeding concerning a crime defined in article one hundred thirty,
10 article two hundred sixty, section 120.10, 125.10, 125.15, 125.20,
11 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 of the penal law
12 provided that the district attorney consents. Such support person shall
13 not provide the witness with an answer to any question or otherwise
14 participate in such proceeding and shall first take an oath before the
15 grand jury that he or she will keep secret all matters before such grand
16 jury within his or her knowledge.
17 § 2. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07045-01-9
