LBD15304-09-2
A. 10706 2
TRONIC MEANS UPON THE COURT OR ANY OTHER PARTY TO SUCH ACTION OR
PROCEEDING WHO HAS CONSENTED TO PARTICIPATION. FILING AN ACCUSATORY
INSTRUMENT BY ELECTRONIC MEANS WITH THE COURT FOR THE PURPOSE OF CONFER-
RING JURISDICTION OVER A CRIMINAL ACTION UPON SUCH COURT SHALL NOT
REQUIRE THE CONSENT OF ANY OTHER PARTY; PROVIDED, HOWEVER, THAT UPON
SUCH FILING ANY PERSON WHO IS THE SUBJECT OF SUCH ACCUSATORY INSTRUMENT
AND ANY ATTORNEY FOR SUCH PERSON SHALL BE PERMITTED TO IMMEDIATELY
REVIEW AND OBTAIN COPIES OF SUCH INSTRUMENT IF SUCH PERSON OR ATTORNEY
WOULD HAVE BEEN AUTHORIZED BY LAW TO REVIEW OR COPY SUCH INSTRUMENT IF
IT HAD BEEN FILED WITH THE COURT IN PAPER FORM.
(2) THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF CONSENT
TO PARTICIPATION IN THIS PROGRAM IN SUPREME AND COUNTY COURTS OF NOT
MORE THAN SIX COUNTIES PROVIDED HE OR SHE MAY NOT ELIMINATE SUCH
REQUIREMENT FOR A COURT WITHOUT THE CONSENT OF THE DISTRICT ATTORNEY,
THE CONSENT OF THE CRIMINAL DEFENSE BAR AS DEFINED IN SECTION SIX-C OF
THIS ACT AND THE CONSENT OF THE COUNTY CLERK OF THE COUNTY IN WHICH SUCH
COURT PRESIDES. NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR
MAY NOT ELIMINATE THE REQUIREMENT OF CONSENT TO PARTICIPATION IN A COUN-
TY HEREUNDER UNTIL HE OR SHE SHALL HAVE PROVIDED ALL PERSONS OR ORGAN-
IZATIONS, OR THEIR REPRESENTATIVE OR REPRESENTATIVES, WHO REGULARLY
APPEAR IN CRIMINAL ACTIONS OR PROCEEDINGS IN THE SUPERIOR COURT OF SUCH
COUNTY WITH REASONABLE NOTICE AND AN OPPORTUNITY TO SUBMIT COMMENTS WITH
RESPECT THERETO AND SHALL HAVE GIVEN DUE CONSIDERATION TO ALL SUCH
COMMENTS, NOR UNTIL HE OR SHE SHALL HAVE CONSULTED WITH THE MEMBERS OF
THE ADVISORY COMMITTEE CONTINUED PURSUANT TO SUBDIVISION (C) OF SECTION
6 OF CHAPTER 416 OF THE LAWS OF 2009, AS AMENDED.
(C) WHERE THE CHIEF ADMINISTRATOR ELIMINATES THE REQUIREMENT OF
CONSENT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION,
HE OR SHE SHALL AFFORD COUNSEL THE OPPORTUNITY TO OPT OUT OF THE
PROGRAM, VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED WITH THE
COURT WHERE THE CRIMINAL ACTION IS PENDING. SAID FORM, WHICH SHALL NOT
BE PART OF THE CASE RECORD, SHALL PERMIT AN ATTORNEY TO OPT OUT OF
PARTICIPATION IN THE PROGRAM UNDER ANY OF THE FOLLOWING CIRCUMSTANCES,
IN WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED TO PARTICIPATE:
(1) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
APPROPRIATE COMPUTER HARDWARE AND/OR CONNECTION TO THE INTERNET AND/OR
SCANNER OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELEC-
TRONIC FORMAT; OR
(2) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
THE REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN-
NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES OF THIS PARAGRAPH, THE
KNOWLEDGE OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE ATTOR-
NEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS SUBJECT TO SUCH ATTORNEY'S
DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY.
NOTWITHSTANDING THE FOREGOING: (I) WHERE A PARTY IS NOT REPRESENTED BY
COUNSEL, HE OR SHE MAY NOT PARTICIPATE IN THE PROGRAM EXCEPT UPON HIS OR
HER REQUEST AND PERMISSION OF THE COURT; (II) A PARTY NOT REPRESENTED BY
COUNSEL WHO HAS OPTED IN SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT OF
THE PROGRAM FOR ANY REASON VIA PRESENTATION OF A PRESCRIBED FORM TO BE
FILED WITH THE CLERK OF THE COURT WHERE THE PROCEEDING IS PENDING; AND
(III) A COURT MAY EXEMPT ANY ATTORNEY FROM BEING REQUIRED TO PARTICIPATE
IN THE PROGRAM UPON APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE
THEREFOR.
(D) FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL BE AS
DEFINED IN SUBDIVISION (F) OF RULE 2103 OF THE CIVIL PRACTICE LAW AND
RULES.
A. 10706 3
(E) (1) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING
LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN CRIM-
INAL PROCEEDINGS OR ACCESS TO COURT RECORDS BY THE PARTIES TO SUCH
PROCEEDINGS, NOR SHALL THIS SECTION BE CONSTRUED TO COMPEL A PARTY TO
FILE A SEALED DOCUMENT BY ELECTRONIC MEANS.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, NO PAPER OR
DOCUMENT THAT IS FILED BY ELECTRONIC MEANS IN A CRIMINAL PROCEEDING IN
SUPREME COURT OR COUNTY COURT SHALL BE AVAILABLE FOR PUBLIC INSPECTION
ON-LINE. SUBJECT TO THE PROVISIONS OF EXISTING LAWS GOVERNING THE SEAL-
ING AND CONFIDENTIALITY OF COURT RECORDS, NOTHING HEREIN SHALL PREVENT
THE UNIFIED COURT SYSTEM FROM SHARING STATISTICAL INFORMATION THAT DOES
NOT INCLUDE ANY PAPERS OR DOCUMENTS FILED WITH THE ACTION; AND, PROVIDED
FURTHER, THAT THIS PARAGRAPH SHALL NOT PROHIBIT THE CHIEF ADMINISTRATOR,
IN THE EXERCISE OF HIS OR HER DISCRETION, FROM POSTING PAPERS OR DOCU-
MENTS THAT HAVE NOT BEEN SEALED PURSUANT TO LAW ON A PUBLIC WEBSITE
MAINTAINED BY THE UNIFIED COURT SYSTEM WHERE: (I) THE WEBSITE IS NOT THE
WEBSITE ESTABLISHED BY THE RULES PROMULGATED PURSUANT TO SUBDIVISION (A)
OF THIS SECTION, AND (II) TO DO SO WOULD BE IN THE PUBLIC INTEREST. FOR
PURPOSES OF THIS SUBDIVISION, THE CHIEF ADMINISTRATOR, IN DETERMINING
WHETHER POSTING PAPERS OR DOCUMENTS ON A PUBLIC WEBSITE IS IN THE PUBLIC
INTEREST, SHALL, AT A MINIMUM, TAKE INTO ACCOUNT FOR EACH POSTING THE
FOLLOWING FACTORS: (I) THE TYPE OF CASE INVOLVED; (II) WHETHER SUCH
POSTING WOULD CAUSE HARM TO ANY PERSON, INCLUDING ESPECIALLY A MINOR OR
CRIME VICTIM; (III) WHETHER SUCH POSTING WOULD INCLUDE LEWD OR SCANDAL-
OUS MATTERS; AND (IV) THE POSSIBILITY THAT SUCH PAPERS OR DOCUMENTS MAY
ULTIMATELY BE SEALED.
(3) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE EXISTING LAWS
GOVERNING SERVICE OF PROCESS, NOR SHALL THIS SECTION BE CONSTRUED TO
ABROGATE EXISTING PERSONAL SERVICE REQUIREMENTS AS SET FORTH IN THE
CRIMINAL PROCEDURE LAW.
S 6-B. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF
ADMINISTRATOR OF THE COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE
BOARD OF THE COURTS, MAY PROMULGATE RULES AUTHORIZING A PROGRAM IN THE
USE OF ELECTRONIC MEANS IN THE FAMILY COURT FOR: (1) THE ORIGINATION OF
PROCEEDINGS IN SUCH COURT, AND (2) THE FILING AND SERVICE OF PAPERS IN
PENDING PROCEEDINGS.
(B) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, PARTIC-
IPATION IN THIS PROGRAM SHALL BE STRICTLY VOLUNTARY AND WILL TAKE PLACE
ONLY UPON CONSENT OF ALL PARTIES IN THE PROCEEDING; EXCEPT THAT FAILURE
OF A PARTY OR OTHER PERSON WHO IS ENTITLED TO NOTICE OF THE PROCEEDINGS
TO CONSENT TO PARTICIPATION SHALL NOT BAR ANY OTHER PARTY FROM FILING
AND SERVING PAPERS BY ELECTRONIC MEANS UPON THE COURT OR ANY OTHER PARTY
OR PERSON ENTITLED TO RECEIVE NOTICE OF SUCH PROCEEDING WHO HAS
CONSENTED TO PARTICIPATION. FILING A PETITION WITH THE COURT BY ELEC-
TRONIC MEANS FOR THE PURPOSE OF ORIGINATING A PROCEEDING SHALL NOT
REQUIRE THE CONSENT OF ANY OTHER PARTY; PROVIDED, HOWEVER, THAT, UPON
SUCH FILING, A PARTY TO SUCH PROCEEDING AND ANY ATTORNEY FOR SUCH PERSON
SHALL BE PERMITTED TO IMMEDIATELY REVIEW AND OBTAIN COPIES OF SUCH DOCU-
MENTS AND PAPERS IF SUCH PERSON OR ATTORNEY WOULD HAVE BEEN AUTHORIZED
BY LAW TO REVIEW OR OBTAIN COPIES OF SUCH DOCUMENTS AND PAPERS IF THEY
HAD BEEN FILED WITH THE COURT IN PAPER FORM.
(2) IN THE RULES PROMULGATED PURSUANT TO SUBDIVISION (A) OF THIS
SECTION, THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF
CONSENT TO PARTICIPATION IN THIS PROGRAM IN FAMILY COURTS OF NOT MORE
THAN SIX COUNTIES FOR:
A. 10706 4
(I) THE FILING WITH THE COURT OF A PETITION ORIGINATING A JUVENILE
DELINQUENCY PROCEEDING UNDER ARTICLE 3 OF THE FAMILY COURT ACT BY A
PRESENTMENT AGENCY AS DEFINED IN SECTION 301.2 OF SUCH ACT;
(II) THE FILING WITH THE COURT OF A PETITION ORIGINATING A PROCEEDING
TO DETERMINE ABUSE OR NEGLECT PURSUANT TO ARTICLE 10 OF THE FAMILY COURT
ACT BY A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION 1012 OF SUCH
ACT; AND
(III) THE FILING AND SERVICE OF PAPERS IN PROCEEDINGS SPECIFIED IN
SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH WHERE, PURSUANT TO SUCH
SUBPARAGRAPHS, SUCH PROCEEDINGS WERE ORIGINATED IN THE COURT BY ELEC-
TRONIC FILING.
NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR MAY NOT ELIMI-
NATE THE REQUIREMENT OF CONSENT TO PARTICIPATION WITHOUT THE CONSENT OF
EACH AUTHORIZED PRESENTMENT AGENCY, CHILD PROTECTIVE AGENCY OF AN
AFFECTED COUNTY, THE FAMILY COURT BAR PROVIDING REPRESENTATION TO
PARENTS, AND THE FAMILY COURT BAR PROVIDING REPRESENTATION TO CHILDREN
(AS REPRESENTED BY THE HEAD OF EACH LEGAL SERVICES ORGANIZATION REPRES-
ENTING PARENTS AND/OR CHILDREN, THE HEAD OF EACH PUBLIC DEFENDER ORGAN-
IZATION, AND PRESIDENT OF THE LOCAL BAR ASSOCIATION AS APPLICABLE) IN
ANY COUNTY IN WHICH SUCH ELIMINATION SHALL APPLY.
NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR MAY NOT ELIMI-
NATE THE REQUIREMENT OF CONSENT TO PARTICIPATION IN A COUNTY HEREUNDER
UNTIL HE OR SHE SHALL HAVE PROVIDED ALL PERSONS OR ORGANIZATIONS, OR
THEIR REPRESENTATIVE OR REPRESENTATIVES, WHO REGULARLY APPEAR IN
PROCEEDINGS IN THE FAMILY COURT OF SUCH COUNTY, IN WHICH PROCEEDINGS THE
REQUIREMENT OF CONSENT IS TO BE ELIMINATED, WITH REASONABLE NOTICE AND
AN OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO AND SHALL HAVE
GIVEN DUE CONSIDERATION TO ALL SUCH COMMENTS, NOR UNTIL HE OR SHE SHALL
HAVE CONSULTED WITH THE MEMBERS OF THE ADVISORY COMMITTEE CONTINUED
PURSUANT TO SUBDIVISION (D) OF SECTION 6 OF CHAPTER 416 OF THE LAWS OF
2009, AS AMENDED.
(C) WHERE THE CHIEF ADMINISTRATOR ELIMINATES THE REQUIREMENT OF
CONSENT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION,
HE OR SHE SHALL AFFORD COUNSEL THE OPPORTUNITY TO OPT OUT OF THE
PROGRAM, VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED WITH THE
CLERK OF THE COURT WHERE THE PROCEEDING IS PENDING. SAID FORM, WHICH
SHALL NOT BE PART OF THE CASE RECORD, SHALL PERMIT AN ATTORNEY TO OPT
OUT OF PARTICIPATION IN THE PROGRAM UNDER ANY OF THE FOLLOWING CIRCUM-
STANCES, IN WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED TO PARTICIPATE:
(1) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
APPROPRIATE COMPUTER HARDWARE AND/OR CONNECTION TO THE INTERNET AND/OR
SCANNER OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELEC-
TRONIC FORMAT; OR
(2) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
THE REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN-
NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES OF THIS PARAGRAPH, THE
KNOWLEDGE OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE ATTOR-
NEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS SUBJECT TO SUCH ATTORNEY'S
DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY.
NOTWITHSTANDING THE FOREGOING: (I) WHERE A PARTY OR A PERSON ENTITLED
TO NOTICE OF THE PROCEEDINGS IS NOT REPRESENTED BY COUNSEL, HE OR SHE
MAY NOT PARTICIPATE IN THE PROGRAM EXCEPT UPON HIS OR HER REQUEST AND
PERMISSION OF THE COURT; (II) A PARTY WHO IS NOT REPRESENTED BY COUNSEL
THAT HAS OPTED IN, SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT OF THE
PROGRAM FOR ANY REASON VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED
WITH THE CLERK OF THE COURT WHERE THE PROCEEDING IS PENDING; AND (III) A
A. 10706 5
COURT MAY EXEMPT ANY ATTORNEY FROM BEING REQUIRED TO PARTICIPATE IN THE
PROGRAM UPON APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE THERE-
FOR.
(D) FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL BE AS
DEFINED IN SUBDIVISION (F) OF RULE 2103 OF THE CIVIL PRACTICE LAW AND
RULES.
(E) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, NO PAPER OR DOCU-
MENT THAT IS FILED BY ELECTRONIC MEANS IN A PROCEEDING IN FAMILY COURT
SHALL BE AVAILABLE FOR PUBLIC INSPECTION ON-LINE. SUBJECT TO THE
PROVISIONS OF EXISTING LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF
COURT RECORDS, NOTHING HEREIN SHALL PREVENT THE UNIFIED COURT SYSTEM
FROM SHARING STATISTICAL INFORMATION THAT DOES NOT INCLUDE ANY PAPERS OR
DOCUMENTS FILED WITH THE ACTION.
(F) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING LAWS
GOVERNING THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN FAMILY
COURT PROCEEDINGS OR ACCESS TO COURT RECORDS BY THE PARTIES TO SUCH
PROCEEDINGS, NOR SHALL THIS SECTION BE CONSTRUED TO COMPEL A PARTY TO
FILE A SEALED DOCUMENT BY ELECTRONIC MEANS.
(G) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE EXISTING LAWS
GOVERNING SERVICE OF PROCESS, NOR SHALL THIS SECTION BE CONSTRUED TO
ABROGATE EXISTING PERSONAL SERVICE REQUIREMENTS AS SET FORTH IN THE
FAMILY COURT ACT AND THE CIVIL PRACTICE LAW AND RULES.
S 6-C. (A) FOR PURPOSES OF SECTION SIX-A OF THIS ACT, "CONSENT OF THE
CRIMINAL DEFENSE BAR" SHALL MEAN THAT CONSENT HAS BEEN OBTAINED FROM ALL
PROVIDER OFFICES AND/OR ORGANIZATIONS IN THE COUNTY THAT REPRESENTED
TWENTY-FIVE PERCENT OR MORE OF THE PERSONS REPRESENTED BY PUBLIC DEFENSE
PROVIDERS PURSUANT TO SECTION 722 OF THE COUNTY LAW, AS SHOWN IN THE
MOST RECENT ANNUAL REPORTS FILED PURSUANT TO SUBDIVISION ONE OF SECTION
722-F OF THE COUNTY LAW. SUCH CONSENT, WHEN GIVEN, MUST BE EXPRESSED IN
A WRITTEN DOCUMENT THAT IS PROVIDED BY A PERSON WHO IS AUTHORIZED TO
CONSENT ON BEHALF OF THE RELEVANT PUBLIC DEFENDER ORGANIZATION, AGENCY
OR OFFICE.
(B) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, NO PARTY OR HIS
OR HER COUNSEL SHALL BE CHARGED A FEE FOR VIEWING INFORMATION FILED BY
ELECTRONIC MEANS, OR FOR DOWNLOADING OR PRINTING SUCH INFORMATION
THROUGH THE USE OF SUCH PARTY'S OR COUNSEL'S OWN EQUIPMENT. THE CHIEF
ADMINISTRATOR OF THE COURTS SHALL ENSURE THAT SUFFICIENT COMPUTER TERMI-
NALS AND STAFF ARE AVAILABLE AT THE COURTHOUSE OF EACH COURT PARTICIPAT-
ING IN THE PROGRAM IN THE USE OF ELECTRONIC MEANS, TO ENABLE PARTIES AND
THEIR COUNSEL TO ACCESS INFORMATION, SUBJECT TO THE PROVISIONS OF
SECTIONS SIX-A AND SIX-B OF THIS ACT AND LAWS GOVERNING THE SEALING AND
CONFIDENTIALITY OF COURT RECORDS, FILED BY ELECTRONIC MEANS AT SUCH
COURTHOUSE IN A PROMPT AND CONVENIENT MANNER.
S 2. Subparagraphs 1 and 2 of paragraph (B) of subdivision (b) of
section 6 of chapter 367 of the laws of 1999, amending the civil prac-
tice law and rules and the judiciary law relating to authorization of
pilot programs permitting use of facsimile transmission or electronic
means to commence an action or special proceeding, are REPEALED, subpar-
agraphs 3, 4 and 5 of paragraph (B) are renumbered subparagraphs 1, 2
and 3 and subparagraph 1, as amended by chapter 543 of the laws of 2011,
is amended to read as follows:
1. One or more classes of cases (excluding matrimonial actions as
defined by the civil practice law and rules, election law proceedings,
proceedings brought pursuant to article 78 of the civil practice law and
rules, and proceedings brought pursuant to the mental hygiene law) in
supreme court in ERIE, Livingston, Monroe, Rockland, Tompkins, Allegany,
A. 10706 6
Essex, Onondaga, SUFFOLK and Westchester counties AND IN THE COUNTIES
WITHIN THE CITY OF NEW YORK, and
S 3. Subdivisions (c) and (d) of section 6 of chapter 416 of the laws
of 2009, amending the civil practice law and rules relating to service
of papers by electronic means, as added by chapter 543 of the laws of
2011, are amended to read as follows:
(c)(1) The [chief administrator shall create an] advisory committee to
consult with [him or her] THE CHIEF ADMINISTRATOR regarding the develop-
ment of a program relating to the use of electronic means for the
commencement of criminal actions and the filing and service of papers in
pending criminal actions and proceedings IS CONTINUED. The committee
shall consist of such number of members as will enable the chief admin-
istrator to obtain input from those who ARE OR would be affected by such
electronic filing program, and such members shall include county clerks;
chief clerks of supreme, county and other courts; district attorneys;
not-for-profit legal service providers; public defenders; statewide and
local specialty bar associations whose membership devotes a significant
portion of their practice to assigned criminal cases pursuant to subpar-
agraph (i) of paragraph (a) of subdivision 3 of section 722 of the coun-
ty law; institutional providers of criminal defense services and other
members of the criminal defense bar; representatives of victims' rights
organizations; unaffiliated attorneys who regularly appear in
proceedings that ARE OR would be affected by such electronic filing
program and other interested members of the criminal justice community.
Such committee shall help the chief administrator to evaluate the impact
of such electronic filing program on litigants including unrepresented
parties, practitioners and the courts and to obtain input from those who
ARE OR would be affected by such electronic filing program, including
district attorneys, not-for-profit legal service providers, public
defenders, statewide and local specialty bar associations whose member-
ship devotes a significant portion of their practice to assigned crimi-
nal cases pursuant to subparagraph (i) of paragraph (a) of subdivision 3
of section 722 of the county law, institutional providers of criminal
defense services and other members of the criminal defense bar, repre-
sentatives of victims' rights organizations, unaffiliated attorneys who
regularly appear in proceedings that ARE OR would be affected by such
electronic filing program and other interested members of the criminal
justice community.
(2) No later than January 1, [2012] 2015, the chief administrator of
the courts shall submit to the legislature, the governor and the chief
judge of the state a report of the evaluation including the entities or
individuals consulted, the input received, ALL PROBLEMS ENCOUNTERED OR
OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF ADMINISTRATOR OF THE
COURTS OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE PROB-
LEMS, PRESENTMENT OF ALL OUTSTANDING PROBLEMS, any recommendations of
the advisory committee to the chief administrator, along with recommen-
dations for legislation [authorizing the development of a program relat-
ing] IN RELATION to the use of electronic means for the commencement of
criminal actions and the filing and service of papers in pending crimi-
nal actions and proceedings. IN THE REPORT, THE CHIEF ADMINISTRATOR ALSO
SHALL ADDRESS ISSUES THAT BEAR UPON THE NEED FOR THE COURTS, DISTRICT
ATTORNEYS AND OTHERS TO RETAIN PAPERS FILED WITH COURTS OR SERVED UPON
PARTIES IN CRIMINAL PROCEEDINGS WHERE ELECTRONIC MEANS CAN OR HAVE BEEN
USED AND MAKE RECOMMENDATIONS FOR SUCH CHANGES IN LAWS REQUIRING
RETENTION OF SUCH PAPERS AS TO THE CHIEF ADMINISTRATOR MAY SEEM APPRO-
PRIATE.
A. 10706 7
(d) (1) The [chief administrator shall create an] advisory committee
to consult with [him or her] THE CHIEF ADMINISTRATOR regarding the
development of a program relating to the use of electronic means for the
origination of juvenile delinquency proceedings under article 3 of the
family court act and abuse or neglect proceedings pursuant to article 10
of the family court act in family court and the filing and service of
papers in such pending proceedings IS CONTINUED. The committee shall
consist of such number of members as will enable the chief administrator
to obtain input from those who ARE OR would be affected by such elec-
tronic filing [programs] PROGRAM, and such members shall include chief
clerks of family courts; representatives of authorized presentment and
child protective agencies; other appropriate county and city government
officials; institutional providers of legal services for children and/or
parents; not-for-profit legal service providers; public defenders;
attorneys assigned pursuant to article 18-B of the county law; and other
members of the family court bar; representatives of victims' rights
organizations; unaffiliated attorneys who regularly appear in
proceedings that ARE OR would be affected by such electronic filing
program; and other interested members of the family practice community.
Such committee shall help the chief administrator to evaluate the impact
of such electronic filing program on litigants including unrepresented
parties, practitioners and the courts and to obtain input from those who
ARE OR would be affected by such electronic filing program, including
representatives of authorized presentment and child protective agencies,
other appropriate county and city government officials, institutional
providers of legal services for children and/or parents, not-for-profit
legal service providers, public defenders, attorneys assigned pursuant
to article 18-B of the county law and other members of the family court
bar, representatives of victims' rights organizations, unaffiliated
attorneys who regularly appear in proceedings that ARE OR would be
affected by such electronic filing program, and other interested members
of the criminal justice community.
(2) No later than January 1, [2012] 2015, the chief administrator of
the courts shall submit to the legislature, the governor and the chief
judge of the state a report of the evaluation including the entities or
individuals consulted, input received, ALL PROBLEMS ENCOUNTERED OR
OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF ADMINISTRATOR OF THE
COURTS OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE PROB-
LEMS, PRESENTMENT OF ALL OUTSTANDING PROBLEMS, any recommendations of
the advisory committee to the chief administrator, along with recommen-
dations for legislation [authorizing the development of a program relat-
ing] IN RELATION to the use of electronic means for the origination of
juvenile delinquency proceedings under article 3 of the family court act
and abuse or neglect proceedings pursuant to article 10 of the family
court act in family court and the filing and service of papers in such
pending proceedings.
S 4. This act shall take effect immediately; provided, however, that
sections 6-a, 6-b, and 6-c of chapter 367 of the laws of 1999, as added
by section one of this act, shall expire and be deemed repealed Septem-
ber 1, 2015; and provided further that the amendments to paragraph (B)
of subdivision (b) of section 6 of chapter 367 of the laws of 1999 made
by section two of this act shall not affect the expiration of such
provisions and shall be deemed to be repealed therewith.