Bill Text: NY A00367 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2025-01-08 - referred to codes [A00367 Detail]

Download: New_York-2025-A00367-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           367

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M. of A. BLANKENBUSH, BRABENEC, McDONOUGH, MILLER, TAGUE
          -- read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to  the  use  of
          video monitoring equipment to conduct arraignments

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 182.20 of the  criminal  procedure
     2  law,  as  separately amended by chapters 232, 279 and 285 of the laws of
     3  2024, is amended to read as follows:
     4    1. Notwithstanding any other provision of law and except  as  provided
     5  in  section  182.30  of  this article, the court, in its discretion, may
     6  dispense with the  personal  appearance  of  the  defendant,  except  an
     7  appearance  at  a hearing or trial, and conduct an electronic appearance
     8  in connection with a criminal action pending in [Albany, Bronx,  Broome,
     9  Erie,  Jefferson,  Kings,  Monroe,  New York, Niagara, Oneida, Onondaga,
    10  Ontario, Orange, Orleans, Oswego, Putnam,  Queens,  Richmond,  Rockland,
    11  Saratoga, St. Lawrence, Seneca, Steuben, Tompkins, Chautauqua, Cattarau-
    12  gus, Clinton, Essex, Montgomery, Rensselaer, Sullivan, Warren, Westches-
    13  ter,  Suffolk,  Herkimer,  Franklin, Chemung, Schuyler, Yates, Delaware,
    14  Otsego or Schoharie] any county, provided that the  chief  administrator
    15  of  the  courts  has authorized the use of electronic appearance and the
    16  defendant, after consultation with counsel, consents on the record. Such
    17  consent shall be required at the commencement of each electronic appear-
    18  ance to such electronic appearance.
    19    § 2. This act shall take effect immediately; provided that the  amend-
    20  ments  to  subdivision 1 of section 182.20 of the criminal procedure law
    21  made by section one of this act shall not  affect  the  repeal  of  such
    22  section and shall be deemed repealed therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01843-01-5