Bill > S00623

This bill amends the New York criminal procedure law to expand the circumstances under which a witness can be examined conditionally under oath before a trial. Specifically, the bill adds a new provision that allows for the conditional examination of a witness who is 75 years of age or older. Previously, the law permitted such examinations for witnesses who were about to leave the state for a substantial period or who were physically ill or incapacitated. By explicitly including advanced age as a qualifying condition, the bill aims to preserve potentially crucial testimony from elderly witnesses who may become unavailable or unable to testify during future legal proceedings. This modification recognizes the potential fragility of witnesses in an advanced stage of life and provides a mechanism to ensure their testimony can be recorded and potentially used in legal actions, thus protecting the interests of justice by capturing testimony that might otherwise be lost due to the witness's age-related limitations.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S623