Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.
Summary
S01641 amends the Criminal Procedure Law to expand who may accompany certain vulnerable witnesses during grand jury testimony. Under current law, a support person may accompany a child witness age 12 or younger in specified grand jury proceedings if the district attorney consents. This bill adds a parallel provision for a vulnerable elderly person, allowing a social worker or informal caregiver to provide emotional support while the person gives evidence before a grand jury.
The bill applies to vulnerable elderly persons as defined in the Penal Law and Elder Law, and it covers grand jury proceedings concerning any type of offense, not just the limited list of crimes covered by the child-witness provision. The support person may not answer questions, participate in the proceeding, or disclose grand jury matters, and must take an oath of secrecy before the grand jury. The measure takes effect immediately upon enactment.
Impact
The bill would amend section 190.25 of the Criminal Procedure Law to create a new statutory right for vulnerable elderly witnesses to have a social worker or informal caregiver present during grand jury testimony, subject to district attorney consent. It broadens the existing support-person framework beyond child witnesses and certain offenses, and it incorporates definitions from the Elder Law and Penal Law relating to vulnerable elderly persons and informal caregivers. The practical effect is to provide additional emotional support and procedural accommodation for older adults who may be testifying about crimes, while preserving grand jury confidentiality and prosecutorial control over whether the support person may attend.
Sentiment
The available voting record shows strong bipartisan support and no recorded opposition: the Senate Codes Committee approved the bill 12-0, and the full Senate passed it 60-0. That voting pattern suggests the bill was viewed favorably as a witness-protection and elder-support measure. No committee transcript was provided, so there is no recorded floor or committee debate to indicate significant resistance.
Contention
The main policy issue is the balance between witness support and grand jury secrecy/prosecutorial discretion. Supporters appear to favor allowing vulnerable elderly people to have a trusted social worker or caregiver present to reduce stress and improve access to justice. Any potential concerns would likely center on confidentiality, the possibility of influence on testimony, and the fact that the district attorney must consent before the support person may attend. However, the unanimous votes indicate these concerns did not generate notable opposition in the Senate.
Same As
Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.
Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.
Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.
Relates to vulnerable elderly or disabled persons; deletes references to caregiver to make any person who endangers the welfare of an elderly or disabled person guilty of provisions of the penal law.
Relates to vulnerable elderly or disabled persons; deletes references to caregiver to make any person who endangers the welfare of an elderly or disabled person guilty of provisions of the penal law.
Permits admission of spontaneous statements by victims of certain frauds, abuse and theft offenses, who are a vulnerable elderly person, an incompetent or physically disabled person, or a person who has been determined to be incapacitated.