BILL NUMBER: S1641
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to permitting
support to a vulnerable elderly person testifying in grand jury
proceedings
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow a social worker or informal caregiver to be present and give
care to a vulnerable elderly person during grand jury proceedings.
 
SUMMARY OF PROVISIONS:
Section one amends paragraph (h) of subdivision 3 of § 190.25 of the
Criminal Procedure Law, and adds a new paragraph (i) to allow a social
worker or informal caregiver to be present and give care to a vulnerable
elderly person who is called to give evidence in a grand jury proceed-
ing, concerning any type of offense, provided that the district attorney
consents.
Section 2 sets the effective date.
 
JUSTIFICATION:
Chapter 347 of the Laws of 2014 expanded the Criminal Procedure Law to
allow for a social worker or informal caregiver to be present and give
care to a vulnerable elderly person during grand jury proceedings for
specified crimes. These crimes included offenses related to children,
disabled persons, and vulnerable elderly persons, sex offenses, strangu-
lation, assault, criminally negligent homicide, manslaughter, murder,
aggravated murder and incest. Although this change was a great first
step, additional expansion on these provisions should be made to allow a
social worker or informal caregiver to be present and give care to a
vulnerable elderly person who is called to give evidence in a grand jury
proceeding, concerning any type of offense, provided that the district
attorney consents.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S4421 / A315
2021-2022: S754 / A5931
2020: S7126 / A1854
2017-2018: A2019
2016: A10049
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1641: 190.25 criminal procedure law, 190.25(3) criminal procedure law