Bill Text: NY S05686 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the electronic appearance of a defendant in criminal proceedings across the state, without the consent of such defendant.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-03-13 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05686 Detail]

Download: New_York-2011-S05686-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5686
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 10, 2011
                                      ___________
       Introduced  by  Sen.  GRIFFO -- 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
         the  electronic  appearance  of a defendant statewide and removing the
         requirement that the defendant consent thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions  1  and  2 of section 182.20 of the criminal
    2  procedure law, subdivision 1 as amended by chapter 332 of  the  laws  of
    3  2009  and subdivision 2 as added by chapter 689 of the laws of 1993, are
    4  amended to read 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 trial, and conduct an electronic appearance
    9  in connection with a criminal action [pending in Albany, Bronx,  Broome,
   10  Erie,  Kings,  New  York,  Niagara,  Oneida,  Onondaga, Ontario, Orange,
   11  Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,  Cattarau-
   12  gus,   Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,  Westchester,
   13  Suffolk, Herkimer or Franklin county], provided that the chief  adminis-
   14  trator  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.  If,  for any reason, the court determines on its own motion or [on
   19  the motion of any party that the conduct of an electronic appearance may
   20  impair the legal rights of the defendant, it shall not permit the  elec-
   21  tronic  appearance  to  proceed.  If, for any other articulated reason],
   22  either party requests at any time during the electronic appearance  that
   23  such  appearance be terminated, the court [shall] MAY grant such request
   24  and adjourn the proceeding to a date certain. Upon  the  adjourned  date
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11808-01-1
       S. 5686                             2
    1  the  proceeding shall be recommenced from the point at which the request
    2  for termination of the electronic appearance had been granted.
    3    S  2.  This  act  shall  take  effect  on  the first of September next
    4  succeeding the date on which it shall have become a law,  provided  that
    5  the  amendments to section 182.20 of the criminal procedure law, made by
    6  section one of this act, shall not affect the repeal of such section and
    7  shall be deemed repealed therewith.