STATE OF NEW YORK ________________________________________________________________________ 623 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to examination of witnesses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 660.20 of the criminal procedure 2 law is amended to read as follows: 3 2. Will not be amenable or responsive to legal process or available 4 as a witness at a time when [his] testimony will be sought, either 5 because [he] such witness is: 6 (a) About to leave the state and not return for a substantial period 7 of time; or 8 (b) Physically ill or [incapacited.] incapacitated; or 9 (c) Of advanced age which, for the purposes of this subdivision shall 10 mean a person who has attained the age of seventy-five years. 11 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02526-01-5