{"jurisdiction": "us-ny", "code": "cpl", "section": "65.30", "citation": "CPL § 65.30", "heading": "Closed-circuit television; special testimonial procedures", "text": ["* § 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, 2027"], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/65.30", "from_official_api": true, "plain_english": "- **(1)** After an order under **§ 65.20**, the **vulnerable child testifies from the testimonial room**; the child's image and voice, and the image of everyone else there except the operator, are transmitted live to the courtroom. Monitors must let the **judge, jury, defendant, and lawyers** watch the child's demeanor; unless the courtroom is closed by court order, the **public may also hear and see** the testimony.\n- **(2)** The **jury's image must always be sent to the child**. If the order says the child testifies outside the defendant's physical presence, the child must also receive the **defendant's image** and the **examiner's image and voice**.\n- **(3)** The operator must position himself or herself and the equipment so the entire testimony is transmitted while limiting the child's ability to see or hear the operator or equipment.\n- **(4)** ★ The **court must not use** the procedure if no live, 2-way equipment is available in that court, in another court in the county, or by transport from another county, or if available equipment is **technologically inadequate to protect the defendant's constitutional rights**.\n- **(5)** If the order keeps the defendant in the courtroom, **defense counsel and the district attorney must also stay** in the courtroom, unless the court is satisfied that their presence in the testimonial room will not impede full and private attorney-client communication and will not encourage an adverse jury inference.\n- **(6)** On the **defendant's request**, the **court must instruct the jury** to draw no inference from the use of the television procedure. ★\n- **(7)** The child testifies **under oath**, except as allowed by **§ 60.20(2)**; examination and cross-examination proceed as if in the courtroom.\n- **(8)** The **court stenographer records the testimony** as if the child testified in the courtroom.\nThis section is **repealed September 1, 2027.**", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/65.30", "publisher": "Elyphived LLC"}