STATE OF NEW YORK ________________________________________________________________________ 1641 2025-2026 Regular Sessions IN SENATE January 13, 2025 ___________ Introduced by Sen. FERNANDEZ -- 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 permitting support to a vulnerable elderly person testifying in grand jury proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (h) of subdivision 3 of section 190.25 of the 2 criminal procedure law, as amended by chapter 347 of the laws of 2014, 3 is amended and a new paragraph (i) is added to read as follows: 4 (h) A social worker, rape crisis counselor, psychologist or other 5 professional providing emotional support to a child witness twelve years 6 old or younger[, or a social worker or informal caregiver, as provided 7 in subdivision two of section two hundred six of the elder law, for a 8 vulnerable elderly person as provided in subdivision three of section 9 260.31 of the penal law,] who is called to give evidence in a grand jury 10 proceeding concerning a crime defined in article one hundred twenty-one, 11 article one hundred thirty, article two hundred sixty, section 120.10, 12 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 13 of the penal law provided that the district attorney consents. Such 14 support person shall not provide the witness with an answer to any ques- 15 tion or otherwise participate in such proceeding and shall first take an 16 oath before the grand jury that [he or she] such support person will 17 keep secret all matters before such grand jury within [his or her] such 18 support person's knowledge. 19 (i) A social worker or informal caregiver, as defined in subdivision 20 two of section two hundred six of the elder law, for a vulnerable elder- 21 ly person as defined in subdivision three of section 260.31 of the penal 22 law, as added by chapter three hundred eighty-one of the laws of nine- 23 teen hundred ninety-eight, who is called to give evidence in a grand 24 jury proceeding, concerning any type of offense, provided that the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02288-01-5
S. 1641 2 1 district attorney consents. Such support person shall not provide the 2 witness with an answer to any question or otherwise participate in such 3 proceeding and shall first take an oath before the grand jury that such 4 support person will keep secret all matters before such grand jury with- 5 in such support person's knowledge. 6 § 2. This act shall take effect immediately.