The New York State Senate has passed legislation (S.4550) sponsored by Senator William T. Stachowski (D-C, Lake View) that would allow a vulnerable child witness to testify by closed-circuit television in murder trials.

The bill would permit the televised testimony of children who are witness to both murder and attempted murder.

“In 1985, the Legislature enacted a law allowing children to testify via closed-circuit TV in court proceedings involving sexual abuse,” explained Senator Stachowski. “This bill recognizes the same concerns we have for the emotional welfare of a young child who is being asked to testify in murder cases. It would spare them yet another deeply traumatic experience by protecting them from having to testify in the direct presence of defendants.”

Senator Stachowski introduced the legislation in response to a case in Erie County where a mother was accused of killing her two young daughters and attacking her son with a pickax. The son was required to testify against his mother while facing her in an open courtroom. “It had to be traumatic enough for this young boy to relive this tragedy in court, but to have to do so in front of the perpetrator, in this case, his own mother, was cause enough to seek this change in the criminal justice law,” added Stachowski.


The bill was sent to the Assembly where it is sponsored by Assemblymen Robin Schimminger of the 140th District.