N.Y. Criminal Procedure Law § 65.30: Closed-circuit television; special testimonial procedures

* § 65.30 Closed-circuit television; special testimonial procedures.

1. When the court has entered an order pursuant to section 65.20, the

testimony of the vulnerable child witness shall be taken in the

testimonial room and the image and voice of the vulnerable child

witness, as well as the image of all other persons other than the

operator present in the testimonial room, shall be transmitted live by

means of closed-circuit television to the courtroom. The courtroom shall

be equipped with monitors sufficient to permit the judge, jury,

defendant and attorneys to observe the demeanor of the vulnerable child

witness during his or her testimony. Unless the courtroom has been

closed pursuant to court order, the public shall also be permitted to

hear the testimony and view the image of the vulnerable child witness.

2. In all instances, the image of the jury shall be simultaneously

transmitted to the vulnerable child witness in the testimonial room. If

the court order issued pursuant to section 65.20 specifies that the

vulnerable child witness shall testify outside the physical presence of

the defendant, the image of the defendant and the image and voice of the

person examining the vulnerable child witness shall also be

simultaneously transmitted to the vulnerable child witness in the

testimonial room.

3. The operator shall place herself or himself and the closed-circuit

television equipment in a position that permits the entire testimony of

the vulnerable child witness to be transmitted to the courtroom but

limits the ability of the vulnerable child witness to see or hear the

operator or the equipment.

4. Notwithstanding any provision of this article, if the court in a

particular case involving a vulnerable child witness determines that

there is no live, two-way closed-circuit television equipment available

in the court or another court in the county or which can be transported

to the court from another county or that such equipment, if available,

is technologically inadequate to protect the constitutional rights of

the defendant, it shall not permit the use of the closed-circuit

television procedures authorized by this article.

5. If the order of the court entered pursuant to section 65.20

requires that the defendant remain in the courtroom, the attorney for

the defendant and the district attorney shall also remain in the

courtroom unless the court is satisfied that their presence in the

testimonial room will not impede full and private communication between

the defendant and his or her attorney and will not encourage the jury to

draw an inference adverse to the interest of the defendant.

6. Upon request of the defendant, the court shall instruct the jury

that they are to draw no inference from the use of live, two-way

closed-circuit television in the examination of the vulnerable child

witness.

7. The vulnerable child witness shall testify under oath except as

specified in subdivision two of section 60.20. The examination and

cross-examination of the vulnerable child witness shall, in all other

respects, be conducted in the same manner as if the vulnerable child

witness had testified in the courtroom.

8. When the testimony of the vulnerable child witness is transmitted

from the testimonial room into the courtroom, the court stenographer

shall record the textimony in the same manner as if the vulnerable child

witness had testified in the courtroom.

* NB Repealed September 1, 2027