CPL § 65.10

Closed-circuit television; general rule; declaration of vulnerability · as in force on May 31, 2026

* § 65.10 Closed-circuit television; general rule; declaration of

vulnerability.

1. A child witness shall be declared vulnerable when the court, in accordance with the provisions of section 65.20, determines by clear and convincing evidence that it is likely that such child witness will suffer serious mental or emotional harm if required to testify at a criminal proceeding without the use of live, two-way closed-circuit television and that the use of such live, two-way closed-circuit television will diminish the likelihood or extent of, such harm.

2. When the court declares a child witness to be vulnerable, it shall, except as provided in subdivision four of section 65.30, authorize the taking of the testimony of the vulnerable child witness from the testimonial room by means of live, two-way closed-circuit television. Under no circumstances shall the provisions of this article be construed to authorize a closed-circuit television system by which events in the courtroom are not transmitted to the testimonial room during the testimony of the vulnerable child witness.

3. Nothing herein shall be contrued to preclude the court from exercising its power to close the courtroom or from exercising any authority it otherwise may have to protect the well-being of a witness and the rights of the defendant.

* NB Repealed September 1, 2027

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/65.10

In plain English

(1) The court must declare a child witness vulnerable when clear and convincing evidence shows the child is likely to suffer serious mental or emotional harm by testifying without live, 2-way closed-circuit television and that using it will reduce that harm. ★
(2) After that declaration, the court must authorize testimony from the testimonial room by live, 2-way closed-circuit television, except under § 65.30(4). The child must be able to receive the courtroom transmission while testifying.
(3) The court may still close the courtroom or otherwise protect the witness’s well-being and the defendant’s rights.

This section is repealed September 1, 2027.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.