Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.
STATE OF NEW YORK
________________________________________________________________________
4421
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sen. FERNANDEZ -- 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 permitting
support to a vulnerable elderly person testifying in grand jury
proceedings
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 amended by chapter 347 of the laws of 2014,
3 is amended and a new paragraph (i) is added to read as follows:
4 (h) A social worker, rape crisis counselor, psychologist or other
5 professional providing emotional support to a child witness twelve years
6 old or younger[, or a social worker or informal caregiver, as provided
7 in subdivision two of section two hundred six of the elder law, for a
8 vulnerable elderly person as provided in subdivision three of section
9 260.31 of the penal law,] who is called to give evidence in a grand jury
10 proceeding concerning a crime defined in article one hundred twenty-one,
11 article one hundred thirty, article two hundred sixty, section 120.10,
12 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
13 of the penal law provided that the district attorney consents. Such
14 support person shall not provide the witness with an answer to any ques-
15 tion or otherwise participate in such proceeding and shall first take an
16 oath before the grand jury that he or she will keep secret all matters
17 before such grand jury within his or her knowledge.
18 (i) A social worker or informal caregiver, as defined in subdivision
19 two of section two hundred six of the elder law, for a vulnerable elder-
20 ly person as defined in subdivision three of section 260.31 of the penal
21 law, as added by chapter three hundred eighty-one of the laws of nine-
22 teen hundred ninety-eight, who is called to give evidence in a grand
23 jury proceeding, concerning any type of offense, provided that the
24 district attorney consents. Such support person shall not provide the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01373-01-3
S. 4421 2
1 witness with an answer to any question or otherwise participate in such
2 proceeding and shall first take an oath before the grand jury that he or
3 she will keep secret all matters before such grand jury within his or
4 her knowledge.
5 § 2. This act shall take effect immediately.
