Bill > S04406

This bill authorizes the use of closed-circuit television (CCTV) for vulnerable sexual assault witnesses during criminal proceedings. The legislation establishes a comprehensive procedure for determining who qualifies as a vulnerable sexual assault witness, defined as a person 15 years or older testifying about certain sexual offenses. To be declared vulnerable, a witness must demonstrate through clear and convincing evidence that testifying in open court would likely cause serious mental or emotional harm. The bill outlines specific factors courts can consider when making this determination, such as the nature of the offense, the witness's age, the defendant's relationship to the witness, and previous threats or traumatic experiences. When a witness is deemed vulnerable, they can testify from a separate, comfortable testimonial room, with their image and voice transmitted live to the courtroom via CCTV. The legislation ensures that the defendant, judge, jury, and attorneys can still observe the witness's testimony, and the witness can see the jury and potentially the defendant. The bill also mandates that the witness be allowed a support person in the testimonial room and provides safeguards to protect the defendant's constitutional rights, including jury instructions not to draw adverse inferences from the CCTV testimony.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S4406