Bill > S07179

This bill expands existing legislation to allow closed-circuit television testimony for domestic violence victim witnesses in criminal proceedings, similar to the existing provisions for child witnesses. Specifically, the bill adds a new category of "domestic violence victim witness" to the criminal procedure law, defining it as an individual who is a victim of a family offense. Under the proposed changes, a domestic violence victim witness can be declared "vulnerable" by a court if there is clear and convincing evidence that testifying in open court would likely cause serious mental or emotional harm. The court can then authorize the witness to provide testimony via live, two-way closed-circuit television from a separate testimonial room, with the testimony transmitted to the courtroom. The bill outlines detailed procedures for determining a witness's vulnerability, including factors the court can consider such as the nature of the offense, the witness's age or psychological condition, threats made against the witness, and the defendant's relationship to the witness. The legislation aims to protect domestic violence victims from potential psychological trauma while still preserving the defendant's constitutional rights to a fair trial, ensuring that the jury can observe the witness's demeanor and that the examination follows standard courtroom procedures.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S7179