senate Bill S6019

Allows for electronic court appearance in any county of the state, except an appearance at a hearing or trial

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 15 / May / 2012
    • 1ST REPORT CAL.766
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Provides for electronic court appearance in a criminal action, anywhere in the state, in 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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1904
Versions:
S6019
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง182.20, CP L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A4331, A4331
2007-2008: A1660, A1660

Votes

14
0
14
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S6019

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to electronic court
appearance statewide

PURPOSE OR GENERAL IDEA OF BILL:
Allows for electronic court
appearance in any county of the State, except an appearance at a
hearing or trial, to expedite criminal proceedings and conserve court
resources

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 182.20 of the Criminal Procedure Law, as
amended by chapter 167 of the laws of 2004, to authorize electronic
court appearances of defendants during certain procedures in criminal
cases, except an appearance to a hearing or trial.

Section 2 states that the effective date.

JUSTIFICATION:
Currently, twenty-six counties are authorized to
conduct electronic appearances in lieu of personal appearances by a
defendant in criminal court procedures. These counties are: Albany,
Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga,
Ontario, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,
Cattaraugus, Clinton, Montgomery, Rensselaer, Warren, Westchester,
Franklin, Orange, Essex, Suffolk, and Herkimer.

Allowing defendants to "appear" for proceedings, other than hearings
or trials, through the use of audiovisual technology expedites cases
and conserves resources. It not only streamlines proceedings but also
reduces costs associated with the transportation of prisoners. This
bill would allow all counties to take advantage of current
technology without first requiring them to seek a legislative
amendment that permits them to do so.

PRIOR LEGISLATIVE HISTORY:
A.4331 of 2009/2010
A.1660 of 2007/2008
A.488 of 2005/2006
A.8493 of 2003/2004

FISCAL IMPLICATIONS:
Negligible impact on the State.

EFFECTIVE DATE:
This act shall take effect immediately, provided,
however, that the amendment to subdivision 1 of section 182.20 of the
Criminal Procedure Law made by section one of this act shall not
affect the repeal of such section and shall be deemed repealed
therewith.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6019

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

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  electronic
  court appearance statewide

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 182.20 of the  criminal  procedure
law,  as  amended by chapter 332 of the laws of 2009, is amended to read
as follows:
  1. Notwithstanding any other provision of law and except  as  provided
in  section  182.30  of  this article, the court, in its discretion, may
dispense with the  personal  appearance  of  the  defendant,  except  an
appearance  at  a hearing or trial, and conduct an electronic appearance
in connection with a criminal action [pending in Albany, Bronx,  Broome,
Erie,  Kings,  New  York,  Niagara,  Oneida,  Onondaga, Ontario, Orange,
Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,  Cattarau-
gus,   Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,  Westchester,
Suffolk, Herkimer or Franklin county], provided that the chief  adminis-
trator of the courts has authorized the use of electronic appearance and
the  defendant, after consultation with counsel, consents on the record.
Such consent shall be required at the commencement  of  each  electronic
appearance to such electronic appearance.
  S  2.  This act shall take effect immediately, provided, however, that
the amendment to subdivision 1 of section 182.20 of the criminal  proce-
dure  law made by section one of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04159-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.