N.Y. Criminal Procedure Law § 65.10: Closed-circuit television; general rule; declaration of vulnerability

* § 65.10 Closed-circuit television; general rule; declaration of

vulnerability.

1. A child witness shall be declared vulnerable when the court, in

accordance with the provisions of section 65.20, determines by clear and

convincing evidence that it is likely that such child witness will

suffer serious mental or emotional harm if required to testify at a

criminal proceeding without the use of live, two-way closed-circuit

television and that the use of such live, two-way closed-circuit

television will diminish the likelihood or extent of, such harm.

2. When the court declares a child witness to be vulnerable, it shall,

except as provided in subdivision four of section 65.30, authorize the

taking of the testimony of the vulnerable child witness from the

testimonial room by means of live, two-way closed-circuit television.

Under no circumstances shall the provisions of this article be construed

to authorize a closed-circuit television system by which events in the

courtroom are not transmitted to the testimonial room during the

testimony of the vulnerable child witness.

3. Nothing herein shall be contrued to preclude the court from

exercising its power to close the courtroom or from exercising any

authority it otherwise may have to protect the well-being of a witness

and the rights of the defendant.

* NB Repealed September 1, 2027