Bill Text: NY S04591 | 2023-2024 | 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 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04591 Detail]

Download: New_York-2023-S04591-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4591

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 10, 2023
                                       ___________

        Introduced by Sen. OBERACKER -- 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 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 242, 246, 252, 254, 321  and  351
     3  of the laws of 2022, 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, Kings, New  York,  Niagara,  Oneida,  Onondaga,  Ontario,  Orange,
    10  Putnam,  Queens,  Richmond,  Rockland,  Saratoga,  St. Lawrence, Seneca,
    11  Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex,  Montgomery,
    12  Rensselaer,  Sullivan, Warren, Westchester, Suffolk, Herkimer, Franklin,
    13  Chemung, Schuyler, or Yates] any county, provided that the chief  admin-
    14  istrator  of  the courts has authorized the use of electronic appearance
    15  and the defendant, after consultation  with  counsel,  consents  on  the
    16  record. Such consent shall be required at the commencement of each elec-
    17  tronic appearance to such electronic appearance.
    18    §  2. This act shall take effect immediately; provided that the amend-
    19  ments to subdivision 1 of section 182.20 of the criminal  procedure  law
    20  made  by  section  one  of  this act shall not affect the repeal of such
    21  section and shall be deemed repealed therewith.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05163-02-3