New York Consolidated Laws, Criminal Procedure Law - CPL § 65.00 Definitions

<[Expires and deemed repealed Sept. 1, 2019, pursuant to L.1985, c. 505, § 5]>

As used in this article:

1. “Child witness” means a person fourteen years old or less who is or will be called to testify in a criminal proceeding, other than a grand jury proceeding, concerning an offense defined in article one hundred thirty of the penal law or section 255.25, 255.26 or 255.27 of such law which is the subject of such criminal proceeding.

2. “Vulnerable child witness” means a child witness whom a court has declared to be vulnerable.

3. “Testimonial room” means any room, separate and apart from the courtroom, which is furnished comfortably and less formally than a courtroom and from which the testimony of a vulnerable child witness can be transmitted to the courtroom by means of live, two-way closed-circuit television.

4. “Live, two-way closed-circuit television” means a simultaneous transmission, by closed-circuit television, or other electronic means, between the courtroom and the testimonial room in accordance with the provisions of section 65.30 .

5. “Operator” means the individual authorized by the court to operate the closed-circuit television equipment used in accordance with the provisions of this article.

6. A person occupies “a position of authority with respect to a child” when he or she is a parent, guardian or other person responsible for the custody or care of the child at the relevant time or is any other person who maintains an ongoing personal relationship with such parent, guardian or other person responsible for custody or care, which relationship involves his or her living, or his or her frequent and repeated presence, in the same household or premises as the child.


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