§ 190.32 Videotaped examination; definitions, application, order and\n procedure.\n 1. Definitions. As used in this section:\n (a) "Child witness" means a person twelve years old or less whom the\npeople intend to call as witness in a grand jury proceeding to give\nevidence concerning any crime defined in article one hundred thirty or\ntwo hundred sixty or section 255.25, 255.26 or 255.27 of the penal law\nof which the person was a victim.\n (b) "Special witness" means a person whom the people intend to call as\na witness in a grand jury proceeding and who is either:\n (i) Unable to attend and testify in person in the grand jury\nproceeding because the person is either physically ill or incapacitated;\nor\n (ii) More than twelve years old and who is likely to suffer very\nsevere emotional or mental stress if required to testify in person\nconcerning any crime defined in article one hundred thirty or two\nhundred sixty or section 255.25, 255.26 or 255.27 of the penal law to\nwhich the person was a witness or of which the person was a victim.\n (c) "Operator" means a person employed by the district attorney who\noperates the video camera to record the examination of a child witness\nor a special witness.\n 2. In lieu of requiring a witness who is a child witness to appear in\nperson and give evidence in a grand jury proceeding, the district\nattorney may cause the examination of such witness to be videotaped in\naccordance with the provisions of subdivision five of this section.\n 3. Whenever the district attorney has reason to believe that a witness\nis a special witness, he may make an ex parte application to the court\nfor an order authorizing the videotaping of an examination of such\nspecial witness and the subsequent introduction in evidence in a grand\njury proceeding of that videotape in lieu of the live testimony of such\nspecial witness. The application must be in writing, must state the\ngrounds of the application and must contain sworn allegations of fact,\nwhether of the district attorney or another person or persons,\nsupporting such grounds. Such allegations may be based upon personal\nknowledge of the deponent or upon information and belief, provided, that\nin the latter event, the sources of such information and the grounds for\nsuch belief are stated.\n 4. If the court is satisfied that a witness is a special witness, it\nshall issue an order authorizing the videotaping of such special witness\nin accordance with the provisions of subdivision five of this section.\nThe court order and the application and all supporting papers shall not\nbe disclosed to any person except upon further court order.\n 5. The videotaping of an examination either of a child witness or a\nspecial witness shall proceed as follows:\n (a) An examination of a child witness or a special witness which is to\nbe videotaped pursuant to this section may be conducted anywhere and at\nany time provided that the operator begins the videotape by recording a\nstatement by the district attorney of the date, time and place of the\nexamination. In addition, the district attorney shall identify himself,\nthe operator and all other persons present.\n (b) An accurate clock with a sweep second hand shall be placed next to\nor behind the witness in such position as to enable the operator to\nvideotape the clock and the witness together during the entire\nexamination. In the alternative, a date and time generator shall be used\nto superimpose the day, hour, minute and second over the video portion\nof the recording during the entire examination.\n (c) A social worker, rape crisis counselor, psychologist or other\nprofessional providing emotional support to a child witness or to a\nspecial witness, as defined in subparagraph (ii) of paragraph (b) of\nsubdivision one of this section, or any of those persons enumerated in\nparagraphs (a), (b), (c), (d), (e), (f) and (g) of subdivision three of\nsection 190.25 may be present during the v
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