New York Laws
Article 65 - Use of Closed-Circuit Television for Certain Child Witnesses
65.30 - Closed-Circuit Television; Special Testimonial Procedures.

1. When the court has entered an order pursuant to section 65.20, the
testimony of the vulnerable child witness shall be taken in the
testimonial room and the image and voice of the vulnerable child
witness, as well as the image of all other persons other than the
operator present in the testimonial room, shall be transmitted live by
means of closed-circuit television to the courtroom. The courtroom shall
be equipped with monitors sufficient to permit the judge, jury,
defendant and attorneys to observe the demeanor of the vulnerable child
witness during his or her testimony. Unless the courtroom has been
closed pursuant to court order, the public shall also be permitted to
hear the testimony and view the image of the vulnerable child witness.

2. In all instances, the image of the jury shall be simultaneously
transmitted to the vulnerable child witness in the testimonial room. If
the court order issued pursuant to section 65.20 specifies that the
vulnerable child witness shall testify outside the physical presence of
the defendant, the image of the defendant and the image and voice of the
person examining the vulnerable child witness shall also be
simultaneously transmitted to the vulnerable child witness in the
testimonial room.

3. The operator shall place herself or himself and the closed-circuit
television equipment in a position that permits the entire testimony of
the vulnerable child witness to be transmitted to the courtroom but
limits the ability of the vulnerable child witness to see or hear the
operator or the equipment.

4. Notwithstanding any provision of this article, if the court in a
particular case involving a vulnerable child witness determines that
there is no live, two-way closed-circuit television equipment available
in the court or another court in the county or which can be transported
to the court from another county or that such equipment, if available,
is technologically inadequate to protect the constitutional rights of
the defendant, it shall not permit the use of the closed-circuit
television procedures authorized by this article.

5. If the order of the court entered pursuant to section 65.20
requires that the defendant remain in the courtroom, the attorney for
the defendant and the district attorney shall also remain in the
courtroom unless the court is satisfied that their presence in the
testimonial room will not impede full and private communication between
the defendant and his or her attorney and will not encourage the jury to
draw an inference adverse to the interest of the defendant.

6. Upon request of the defendant, the court shall instruct the jury
that they are to draw no inference from the use of live, two-way
closed-circuit television in the examination of the vulnerable child
witness.

7. The vulnerable child witness shall testify under oath except as
specified in subdivision two of section 60.20. The examination and
cross-examination of the vulnerable child witness shall, in all other
respects, be conducted in the same manner as if the vulnerable child
witness had testified in the courtroom.

8. When the testimony of the vulnerable child witness is transmitted
from the testimonial room into the courtroom, the court stenographer
shall record the textimony in the same manner as if the vulnerable child
witness had testified in the courtroom.

* NB Repealed September 1, 2025

Structure New York Laws