{"jurisdiction": "us-ny", "code": "cpl", "section": "65.00", "citation": "CPL § 65.00", "heading": "Definitions", "text": ["* § 65.00 Definitions.", "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or her living, or his or her frequent and repeated presence, in the same household or premises as the child.", "* NB Repealed September 1, 2027"], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/65.00", "from_official_api": true, "plain_english": "- **(1)** A **child witness** is a person **14 years old or younger** called in a non-grand-jury criminal proceeding about a Penal Law article 130 or **§ 255.25, 255.26, or 255.27** offense.\n- **(2)** A **vulnerable child witness** is a child witness whom the **court has declared vulnerable.**\n- **(3)** A **testimonial room** is a comfortable, less formal room separate from the courtroom, from which the child’s testimony can be transmitted by live, 2-way closed-circuit television.\n- **(4)** **Live, 2-way closed-circuit television** is simultaneous transmission between the courtroom and testimonial room under **§ 65.30**.\n- **(5)** The **operator** is the person the court authorizes to run that equipment.\n- **(6)** A person holds a **position of authority over a child** if the person is a parent, guardian, or other custodian or caregiver, or has an ongoing personal relationship with one and lives or is frequently and repeatedly present in the child’s household or premises. ★\nThis section is **repealed September 1, 2027.**", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/65.00", "publisher": "Elyphived LLC"}