N.Y. Criminal Procedure Law 65.10 – Closed-circuit television; general rule; declaration of vulnerability
* § 65.10 Closed-circuit television; general rule; declaration of
Terms Used In N.Y. Criminal Procedure Law 65.10
- Child witness: means a person fourteen years old or less who is or will be called to testify in a criminal proceeding, other than a grand jury proceeding, concerning an offense defined in Article one hundred thirty of the penal law or section 255. See N.Y. Criminal Procedure Law 65.00
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testify: Answer questions in court.
- Testimonial room: means any room, separate and apart from the courtroom, which is furnished comfortably and less formally than a courtroom and from which the testimony of a vulnerable child witness can be transmitted to the courtroom by means of live, two-way closed-circuit television. See N.Y. Criminal Procedure Law 65.00
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Vulnerable child witness: means a child witness whom a court has declared to be vulnerable. See N.Y. Criminal Procedure Law 65.00
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, 2025