Bill Text: NY S02033 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes electronic court appearances for criminal matters, excluding jury trials, in all counties in the state; authorizes electronic appearances for criminal matters where the court determines a personal appearance would be impractical, unsafe or excessively burdensome; authorizes sentencing to a period of incarceration to be conducted via electronic appearance for defendants who are already incarcerated.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S02033 Detail]

Download: New_York-2023-S02033-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2033

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sens. STEC, BORRELLO, MATTERA, OBERACKER, ORTT, PALUMBO,
          TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
          committed to the Committee on Codes

        AN  ACT  to amend the criminal procedure law, in relation to authorizing
          certain electronic court appearances; and to amend chapter 689 of  the
          laws  of  1993,  amending the criminal procedure law relating to elec-
          tronic court appearance in certain counties, in relation to the effec-
          tiveness thereof

          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 242, 246, 252, 254, 321  and  351
     3  of the laws of 2022, is amended and a new subdivision 5 is added to read
     4  as follows:
     5    1.  Notwithstanding  any other provision of law and except as provided
     6  in section 182.30 of this article, the court,  in  its  discretion,  may
     7  dispense  with  the  personal  appearance  of  the  defendant, except an
     8  appearance at a [hearing or]  jury  trial,  and  conduct  an  electronic
     9  appearance  in  connection  with  a  criminal action pending in [Albany,
    10  Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga,  Ontar-
    11  io,  Orange, Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence,
    12  Seneca, Steuben,  Tompkins,  Chautauqua,  Cattaraugus,  Clinton,  Essex,
    13  Montgomery,  Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkim-
    14  er, Franklin, Chemung, Schuyler, or Yates] any county within the  state,
    15  provided  that  the chief administrator of the courts has authorized the
    16  use of electronic appearance and the defendant, after consultation  with
    17  counsel,  consents  on the record. Such consent shall be required at the
    18  commencement of each electronic appearance to  such  electronic  appear-
    19  ance.
    20    5.  Where  the court determines on its own motion, or on the motion of
    21  any party, that the personal appearance  by  any  party,  including  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06129-01-3
        S. 2033                             2

     1  defendant,  would  be impractical, unsafe or excessively burdensome, the
     2  court may  conduct  virtual  appearances  without  the  consent  of  the
     3  parties.    The provisions of this subdivision shall not apply for hear-
     4  ings or trials.
     5    § 2. Section 182.30 of the criminal procedure law, as added by chapter
     6  689 of the laws of 1993, is amended to read as follows:
     7  § 182.30 Electronic appearance; conditions and limitations.
     8    The  following  conditions  and  limitations  apply  to all electronic
     9  appearances:
    10    1. [The defendant may not enter a plea of guilty to, or  be  sentenced
    11  upon  a conviction of, a felony] The defendant may not be sentenced to a
    12  period of incarceration, unless such defendant is  already  incarcerated
    13  in a county correctional facility or a correctional facility operated by
    14  the department of corrections and community supervision.
    15    2.  The defendant may not enter a plea of not responsible by reason of
    16  mental disease or defect.
    17    3. The defendant may not be  committed  to  the  state  department  of
    18  mental hygiene pursuant to article seven hundred thirty of this chapter.
    19    [4.  The  defendant  may  not  enter a plea of guilty to a misdemeanor
    20  conditioned upon a promise of incarceration  unless  such  incarceration
    21  will  be  imposed  only  in the event that the defendant fails to comply
    22  with a term or condition imposed under the original sentence.
    23    5. A defendant who has been convicted of  a  misdemeanor  may  not  be
    24  sentenced  to  a  period  of  incarceration  which  exceeds the time the
    25  defendant has already served when sentence is imposed.]
    26    § 3. Section 2 of chapter 689 of the laws of 1993, amending the crimi-
    27  nal procedure law relating to electronic  court  appearance  in  certain
    28  counties,  as  amended by section 20 of part A of chapter 55 of the laws
    29  of 2021, is amended to read as follows:
    30    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    31  provisions  of  this  act shall be deemed to have been in full force and
    32  effect since July 1, 1992 and the provisions of this  act  shall  expire
    33  September  1, [2023] 2026 when upon such date the provisions of this act
    34  shall be deemed repealed.
    35    § 4. This act shall take effect immediately; provided,  however,  that
    36  the  amendments  to section 182.20 of the criminal procedure law made by
    37  section one of this act and the amendments  to  section  182.30  of  the
    38  criminal  procedure law made by section two of this act shall not affect
    39  the repeal of such sections and shall be deemed repealed therewith.