BILL NUMBER: S4406
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to authorizing
the use of closed-circuit television for vulnerable sexual assault
witnesses
 
PURPOSE:
To allow for certain sexual assault survivors and witnesses to testify
in criminal proceedings by use of live, two-way closed-circuit tele-
vision, with the approval of a judge
SUMMARY OF PROVISIONS:
Subdivision 1 of the bill would amend § 67 of the CPL to create defi-
nitions.
Subdivision 2 of the bill would amend § 67.10 of the CPL to allow remote
testimony by certain sexual assault witnesses. A sexual assault witness
may be declared vulnerable when the court determines that the witness
will suffer serious mental or emotional harm without the use of live,
two-way closed circuit television testimony. The bill would allow for a
vulnerable sexual assault witness to have a support person or victim
advocate in the testimonial room.
Subdivision 3 of the bill would amend § 67.20 of the CPL to provide for
procedure for application and grounds for determination of vulnerable
sexual assault witness. Prior to the criminal proceedings, either party
may apply for a court order declaring that a sexual assault witness is
vulnerable. In order to apply, a motion must be made to the court at
least 8 days prior to the criminal proceedings. If the material facts
in support of the motion are not conceded, then the court must conduct a
hearing for finding of those facts. The sexual assault witness who is
alleged to be vulnerable may not have to testify at that hearing.
Subdivision 4 of the bill would amend § 67.30 of the CPL to establish a
procedure for the use of live, two-way closed-circuit television. When
a vulnerable sexual assault witness testifies by closed circuit tele-
vision, their image and voice, as well as the image of anyone else pres-
ent in the testimonial room must be transmitted live to the courtroom.
The image of the jury must be transmitted to the vulnerable sexual
assault witness in the testimony room, as well as the image of the
defendant and image and video of the person examining the witness under
certain circumstances.
Section 2 of the bill would set the effective date.
 
JUSTIFICATION:
Data shows that the justice system consistently underserves survivors of
sexual assault. For every 1,000 instances of sexual assault, 13 will be
referred to a prosecutor. On the infrequent occasion that a sexual
assault case makes it to the courtroom, the survivor of the assault
risks their own safety-physical, mental, and emotional-to testify before
a judge or a jury of their peers. We have seen the horrors that survi-
vors have been through on the stand, which can frequently retraumatize
them, as the accused looks on, or, in at least one recent case in Syra-
cuse, is the one questioning them. This bill would allow survivors of
sexual trauma to testify before the court via teleconference.
Though the confrontation clause of the Sixth Amendment of the US Consti-
tution provides defendants the right to "be confronted with all
witnesses against him," the law already allows vulnerable minors to
testify through closed circuit television, to give insulation against
defendants harassing and retraumatizing victims. In 1990, the US Supreme
Court decided Maryland v. Craig, which establishes that the right to a
"face-to-face" meeting is "not absolute" and "must occasionally give way
to considerations of public policy and the necessities of the case." The
justices laid out a standard that allows remote testimony when it
substantially upholds the core tenets of the Confrontation Clause: the
ability of the accused to see, question, and consider the testimony of a
witness against them. This bill uses the same standards provided for
vulnerable minors in New York law to testify via remote testimony in
certain cases to include adult sexual assault victims who are deemed
vulnerable by the court.
 
LEGISLATIVE HISTORY:
2023-2024: S.9564 (May) / A.10415 Rules (Gonzalez-Rojas)
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.