New York Criminal Procedure Law Section 65.30 - Closed-circuit Television; Special Testimonial Procedures.

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  * § 65.30 Closed-circuit television; special testimonial procedures.
    1.  When the court has entered an order pursuant to section 65.20, the
  testimony of  the  vulnerable  child  witness  shall  be  taken  in  the
  testimonial  room  and  the  image  and  voice  of  the vulnerable child
  witness, as well as the image  of  all  other  persons  other  than  the
  operator  present  in the testimonial room, shall be transmitted live by
  means of closed-circuit television to the courtroom. The courtroom shall
  be  equipped  with  monitors  sufficient  to  permit  the  judge,  jury,
  defendant  and attorneys to observe the demeanor of the vulnerable child
  witness during his or her  testimony.  Unless  the  courtroom  has  been
  closed  pursuant  to  court order, the public shall also be permitted to
  hear the testimony and view the image of the vulnerable child witness.
    2. In all instances, the image of the  jury  shall  be  simultaneously
  transmitted  to the vulnerable child witness in the testimonial room. If
  the court order issued pursuant to  section  65.20  specifies  that  the
  vulnerable  child witness shall testify outside the physical presence of
  the defendant, the image of the defendant and the image and voice of the
  person  examining  the  vulnerable   child   witness   shall   also   be
  simultaneously  transmitted  to  the  vulnerable  child  witness  in the
  testimonial room.
    3. The operator shall place herself or himself and the  closed-circuit
  television  equipment in a position that permits the entire testimony of
  the vulnerable child witness to be  transmitted  to  the  courtroom  but
  limits  the  ability  of the vulnerable child witness to see or hear the
  operator or the equipment.
    4. Notwithstanding any provision of this article, if the  court  in  a
  particular  case  involving  a  vulnerable child witness determines that
  there is no live, two-way closed-circuit television equipment  available
  in  the court or another court in the county or which can be transported
  to the court from another county or that such equipment,  if  available,
  is  technologically  inadequate  to protect the constitutional rights of
  the defendant, it  shall  not  permit  the  use  of  the  closed-circuit
  television procedures authorized by this article.
    5.  If  the  order  of  the  court  entered  pursuant to section 65.20
  requires that the defendant remain in the courtroom,  the  attorney  for
  the  defendant  and  the  district  attorney  shall  also  remain in the
  courtroom unless the court is  satisfied  that  their  presence  in  the
  testimonial  room will not impede full and private communication between
  the defendant and his or her attorney and will not encourage the jury to
  draw an inference adverse to the interest of the defendant.
    6. Upon request of the defendant, the court shall  instruct  the  jury
  that  they  are  to  draw  no  inference  from  the use of live, two-way
  closed-circuit television in the examination  of  the  vulnerable  child
  witness.
    7.  The  vulnerable  child  witness shall testify under oath except as
  specified in subdivision two  of  section  60.20.  The  examination  and
  cross-examination  of  the  vulnerable child witness shall, in all other
  respects, be conducted in the same manner as  if  the  vulnerable  child
  witness had testified in the courtroom.
    8.  When  the testimony of the vulnerable child witness is transmitted
  from the testimonial room into the  courtroom,  the  court  stenographer
  shall record the textimony in the same manner as if the vulnerable child
  witness had testified in the courtroom.
    * NB Repealed September 1, 2007

Last modified: July 30, 2006