Bill > A08159

This bill authorizes the use of closed-circuit television (CCTV) for vulnerable sexual assault witnesses during criminal proceedings. The legislation establishes a detailed procedure for determining who qualifies as a "vulnerable sexual assault witness" - typically a person aged 15 or older testifying about sexual assault or related 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 potential threats or ongoing patterns of abuse. When a witness is deemed vulnerable, they can testify from a separate, comfortable "testimonial room" via live, two-way closed-circuit television, with their image and voice transmitted to the courtroom. The courtroom will be equipped with monitors allowing the judge, jury, defendant, and attorneys to observe the witness's demeanor. The legislation also ensures that the witness can have a support person present, provides protections for the witness's privacy, and includes safeguards to protect the defendant's constitutional rights, such as allowing the defendant to request a jury instruction that no inference should be drawn from the use of CCTV.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A8159