Bill Text: NY S04129 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for electronic court appearance in a criminal action, anywhere in the state, at the discretion of the court having jurisdiction of the defendant; provides that the defendant must, after consultation with counsel, consent on the record; provides that the chief administrator of the courts must first approve the use of such electronic appearance.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S04129 Detail]

Download: New_York-2021-S04129-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4129

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 2, 2021
                                       ___________

        Introduced  by  Sens. GRIFFO, RITCHIE -- 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  electronic
          court appearance statewide

          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  amended by chapter 332 of the laws of 2009, is amended to read
     3  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,  Kings,  New  York,  Niagara,  Oneida,  Onondaga, Ontario, Orange,
    10  Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,  Cattarau-
    11  gus,   Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,  Westchester,
    12  Suffolk, Herkimer or Franklin county], provided that the chief  adminis-
    13  trator of the courts has authorized the use of electronic appearance and
    14  the  defendant, after consultation with counsel, consents on the record.
    15  Such consent shall be required at the commencement  of  each  electronic
    16  appearance to such electronic appearance.
    17    §  2.  This act shall take effect immediately, provided, however, that
    18  the amendment to subdivision 1 of section 182.20 of the criminal  proce-
    19  dure  law made by section one of this act shall not affect the repeal of
    20  such section and shall be deemed repealed therewith.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04310-01-1