BILL NUMBER: S22
SPONSOR: TEDISCO
 
TITLE OF BILL:
An act to amend the criminal procedure law and the executive law, in
relation to enacting the "child survivor privacy act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide greater privacy protection for minors who are victims or
witnesses and subject to providing testimony.
 
SUMMARY OF PROVISIONS:
§ 1. This act shall be known and may be cited as the "child survivor
privacy act".
§ 2. The criminal procedure law is amended adding a new article 66 to
read as follows:
Section 66.00 Protections for child victims and child witnesses § 66.00
Protections for child victims and child witnesses.
1. The records of any proceeding in the criminal court involving a child
victim and/or child witness shall not be open to indiscrimin ate public
inspection. Provided, however, the court in its discretion in any case
may permit the inspection of any papers or records. Any duly authorized
agency, association, society or institution to which a child is commit-
ted may cause an inspection of the record of investigation to be had and
may in the discretion of the court obtain a copy of the whole or part of
such record.
2. Any criminal proceeding where the victim is a child shall be a closed
proceeding upon request made by the child victim and/or such child
victim's parent, guardian, or advocate. For purposes of this section,
"closed proceeding" means that court records may not be perused, exam-
ined, disclosed, taken or copied by any other person than a party, the
attorney or counsel of a party, the guardian, the court evaluator or the
court examiner except by order of the court.
3. The identity of the child victim shall be made anonymous throughout
the proceeding unless a request is made to identify the child victim.
Such request may be made by the child victim, and/or such child victim's
parent, guardian, or advocate.
4. No audio-visual coverage shall be permitted in a criminal proceeding
in which there is a child victim of a crime, or the child victim is a
child witness as such term is defined in section 65.00 of this title, or
vulnerable as such term is defined in section 65.10 of this title.
3. Subdivision 1 of section 65.00 of the criminal procedure law, as
amended by chapter 320 of the laws of 2006, is amended to add victims
under the age of 18 who are called to testify in a court proceeding.
§ 4. Section 642-a of the executive law, as added by chapter 263 of the
laws of 1986, the section heading and subdivision 1 as amende d by chap-
ter 574 of the laws of 2008, is amended to provide resources and
consistent advocacy for a child victim and to give greater consideration
to the psychological and emotional stress a child witness may undergo
when testifying, along with such child's long-term well-being.
 
JUSTIFICATION:
Many times, when a child victim has had to share his or her story and
give depositions, they either do so without an advocate or a different
individual each time. Needless to say, this experience leads to added
stress and discomfort for a minor who has already experienced trauma.
Additionally cases for minor sexual assault victims are sealed upon a
family's request, and not automatically.
This measure aims to provide a more survivor friendly approach to the
litigation process in cases involving the sexual abuse of a minor.
 
LEGISLATIVE HISTORY:
05/29/24: S.9762 REFERRED TO CODES
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to section 65.00 of the criminal procedure law made by section
three of this act shall not affect the repeal of such section and shall
be deemed repealed therewith.

Statutes affected:
S22: 65.00 criminal procedure law, 65.00(1) criminal procedure law