* § 65.20 Closed-circuit television; procedure for application and\n grounds for determination.\n 1. Prior to the commencement of a criminal proceeding; other than a\ngrand jury proceeding, either party may apply to the court for an order\ndeclaring that a child witness is vulnerable.\n 2. A child witness should be declared vulnerable when the court, in\naccordance with the provisions of this section, determines by clear and\nconvincing evidence that the child witness would suffer serious mental\nor emotional harm that would substantially impair the child witness'\nability to communicate with the finder of fact without the use of live,\ntwo-way closed-circuit television.\n 3. A motion pursuant to subdivision one of this section must be made\nin writing at least eight days before the commencement of trial or other\ncriminal proceeding upon reasonable notice to the other party and with\nan opportunity to be heard.\n 4. The motion papers must state the basis for the motion and must\ncontain sworn allegations of fact which, if true, would support a\ndetermination by the court that the child witness is vulnerable. Such\nallegations may be based upon the personal knowledge of the deponent or\nupon information and belief, provided that, in the latter event, the\nsources of such information and the grounds for such belief are stated.\n 5. The answering papers may admit or deny any of the alleged facts and\nmay, in addition, contain sworn allegations of fact relevant to the\nmotion, including the rights of the defendant, the need to protect the\nchild witness and the integrity of the truth-finding function of the\ntrier of fact.\n 6. Unless all material facts alleged in support of the motion made\npursuant to subdivision one of this section are conceded, the court\nshall, in addition to examining the papers and hearing oral argument,\nconduct an appropriate hearing for the purpose of making findings of\nfact essential to the determination of the motion. Except as provided in\nsubdivision six of this section, it may subpoena or call and examine\nwitnesses, who must either testify under oath or be permitted to give\nunsworn testimony pursuant to subdivision two of section 60.20 and must\nauthorize the attorneys for the parties to do the same.\n 7. Notwithstanding any other provision of law, the child witness who\nis alleged to be vulnerable may not be compelled to testify at such\nhearing or to submit to any psychological or psychiatric examination.\nThe failure of the child witness to testify at such hearing shall not be\na ground for denying a motion made pursuant to subdivision one of this\nsection. Prior statements made by the child witness relating to any\nallegations of conduct constituting an offense defined in article one\nhundred thirty of the penal law or incest as defined in section 255.25,\n255.26 or 255.27 of such law or to any allegation of words or conduct\nconstituting an attempt to prevent, impede or deter the child witness\nfrom cooperating in the investigation or prosecution of the offense\nshall be admissible at such hearing, provided, however, that a\ndeclaration that a child witness is vulnerable may not be based solely\nupon such prior statements.\n 8. (a) Notwithstanding any of the provisions of article forty-five of\nthe civil practice law and rules, any physician, psychologist, nurse or\nsocial worker who has treated a child witness may testify at a hearing\nconducted pursuant to subdivision five of this section concerning the\ntreatment of such child witness as such treatment relates to the issue\npresented at the hearing, provided that any otherwise applicable\nstatutory privileges concerning communications between the child witness\nand such physician, psychologist, nurse or social worker in connection\nwith such treatment shall not be deemed waived by such testimony alone,\nexcept to the limited extent of permitting the court alone to examine in\ncamera reports, records or documents, if an
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