New York City Council Header
File #: Res 0122-2018    Version: * Name: Amend the NYS Criminal Procedure Law to allow prosecutors and defense attorneys to apply for a conditional examination of witnesses who are of advanced age.
Type: Resolution Status: Committee
Committee: Committee on Justice System
On agenda: 1/31/2018
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass and the Governor to sign into law legislation, which would amend the New York State Criminal Procedure Law to allow prosecutors and defense attorneys to apply for a conditional examination of witnesses who are of advanced age.
Sponsors: Paul A. Vallone, Kalman Yeger
Council Member Sponsors: 2
Attachments: 1. January 31, 2018 - Stated Meeting Agenda

Res. No. 122

 

Resolution calling upon the New York State Legislature to pass and the Governor to sign into law legislation, which would amend the New York State Criminal Procedure Law to allow prosecutors and defense attorneys to apply for a conditional examination of witnesses who are of advanced age.

 

 By Council Members Vallone and Yeger

      Whereas, According to the Manhattan District Attorney's Office, every year approximately four million elderly Americans are victims of some kind of elder abuse, including physical abuse, fraud and other forms of financial exploitation; and

      Whereas, MetLife Mature Market Institute estimated that in 2010, financial exploitation cost elderly Americans approximately $3 billion; and

      Whereas, Under the current New York State Criminal Procedure Law, a conditional examination of a witness can only occur when the witness will not be available at the time his or her testimony is sought because he or she is: (i) leaving the state for a substantial period of time or (ii) is physically ill or incapacitated; and

      Whereas, A person may have to wait years before he or she is called to testify at trial; and

      Whereas, This has resulted in cases in which elderly witnesses and victims have died or become incapacitated before their cases reached trial, resulting in perpetrators having their cases dismissed or prosecutors allowing the perpetrators to plead to lesser offenses with lighter sentences because these witnesses were not able to present their testimony; and

      Whereas, This problem should be addressed by amending section 660.20 of the Criminal Procedure Law to allow prosecutors and defense attorneys to conduct conditional examinations of witnesses aged 75 years or older on the basis of their age, thereby preserving their testimony for trial in the event they pass away or are unable to testify due to a degenerative condition or other health issues; now, therefore, be it

      Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass and the Governor to sign into law legislation, which would amend the New York State Criminal Procedure Law to allow prosecutors and defense attorneys to apply for a conditional examination of witnesses who are of advanced age.

 

AM/WJH

LS 862/Res. No. 236-2014

1/4/2018

LS 1051