Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 65.10 - Closed-circuit Television; General Rule; Declaration Of Vulnerability.




  * § 65.10  Closed-circuit  television;  general  rule;  declaration  of
                vulnerability.
    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, as a result of extraordinary
  circumstances, that such child witness  will  suffer  severe  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  help prevent, or
  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    * NB Repealed September 1, 2007

Last modified: July 30, 2006