senate Bill S2343

Creates an electronic arraignment pilot program for the Colonie town court; repealer

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Sponsor

Bill Status


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

  • 16 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Creates an electronic arraignment pilot program for the Colonie town court.

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Bill Details

Versions:
S2343
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 185 ยง185.10, CP L
Versions Introduced in 2011-2012 Legislative Cycle:
A9984, S7073

Sponsor Memo

BILL NUMBER:S2343

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to creating an electronic arraignment pilot program and to
repeal article 185 of the criminal procedure law relating thereto; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE: To allow the Town of Colonie to create a pilot program of
electronic arraignment for people awaiting arraignment following an
arrest.

SUMMARY OF PROVISIONS: Creates a new Article 185 of the criminal
procedure law by repealing an old law and adding a new Article.

JUSTIFICATION: In New York State people under arrest must be
arraigned by a judge within 24 hours. In the Town of Colonie, people
waiting for arraignment often face delays as Colonie has one of the
busiest courts in the Capital District. Defendants awaiting
arraignment could avoid such delays if arraignments were offered
electronically. Costs associated with holding defendants awaiting
arraignment could also be reduced with electronic arraignments, The
Town of Colonie and the County of Albany have in place the equipment
and technology necessary to implement electronic arraignments. This
bill would allow the town and the county to work more efficiently and
effectively in this area and help reduce town and county expenses
related to arraignments.

LEGISLATIVE HISTORY: 2011/2012 - A.9984/5.7073 Referred to Senate and
Assembly Committees on Codes

FISCAL IMPLICATIONS: None to State. Savings to the Town of Colonie
and County of Albany.

EFFECTIVE DATE: This act shall take effect January 1, 2014 and shall
expire and be deemed repealed January 1, 2016.

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

                                  2343

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- 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  creating  an
  electronic  arraignment pilot program and to repeal article 185 of the
  criminal procedure law relating thereto; and providing for the  repeal
  of such provisions upon expiration thereof

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

  Section 1. Article 185 of the criminal procedure law is REPEALED and a
new article 185 is added to read as follows:
              ARTICLE 185 - ALTERNATIVE METHOD OF ARRAIGNMENT
SECTION 185.10. ELECTRONIC ARRAIGNMENT PILOT PROGRAM.
S 185.10 ELECTRONIC ARRAIGNMENT PILOT PROGRAM.
  1. AS USED IN THIS SECTION:
  (A) "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC  SYSTEM  FOR
THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
ENCODED  SIGNALS,  FREQUENCY DOMAIN MULTIPLEXING OR OTHER SUITABLE MEANS
TO PRECLUDE THE UNAUTHORIZED RECEPTION AND DECODING OF  THE  SIGNALS  BY
COMMERCIALLY   AVAILABLE   TELEVISION  RECEIVERS  OR  MONITORS,  CHANNEL
CONVERTERS, OR OTHER AVAILABLE RECEIVING DEVICES.
  (B) "ELECTRONIC ARRAIGNMENT" MEANS AN  ARRAIGNMENT  IN  WHICH  VARIOUS
PARTICIPANTS, INCLUDING THE DEFENDANT, ARE NOT PERSONALLY PRESENT IN THE
COURT  BUT  IN  WHICH ALL OF THE PARTICIPANTS ARE SIMULTANEOUSLY ABLE TO
SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF THE JUDGE,  COUN-
SELS,  DEFENDANT,  POLICE OFFICER AND ANY OTHER APPROPRIATE PARTICIPANT,
BY MEANS OF AN INDEPENDENT AUDIO-VISUAL SYSTEM.
  (C) "SECURE LOCATION" MEANS ANY FACILITY USED BY  THE  STATE,  COUNTY,
CITY,  TOWN  OR  VILLAGE  LAW  ENFORCEMENT  ENTITY TO TEMPORARILY HOLD A
PERSON NOT RELEASED ON HIS OR HER OWN RECOGNIZANCE AND GIVEN AN  APPEAR-
ANCE TICKET OR SUMMONS PENDING ARRAIGNMENT ON AN ACCUSATORY INSTRUMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01925-01-3

S. 2343                             2

  2.  THERE  IS  HEREBY  ESTABLISHED  AN  "ELECTRONIC  ARRAIGNMENT PILOT
PROGRAM" TO BE ADMINISTERED IN THE TOWN OF COLONIE,  COUNTY  OF  ALBANY.
PURSUANT  TO THIS PROGRAM AND NOTWITHSTANDING THE PROVISIONS OF SUBDIVI-
SION NINE OF SECTION 1.20,  SECTIONS  110.10,  120.10,  120.40,  120.90,
140.20,  140.27,  140.40, 170.10 AND 180.10 OF THIS CHAPTER OR ANY OTHER
PROVISION OF LAW AS THEY PERTAIN TO A DEFENDANT'S PERSONAL APPEARANCE AT
ARRAIGNMENT, THE COLONIE TOWN COURT, IN  ITS  DISCRETION,  MAY  DISPENSE
WITH  THE  DEFENDANT'S  PERSONAL APPEARANCE AT THE ARRAIGNMENT, WHENEVER
SUCH DEFENDANT IS BEING HELD AT A  SECURE  LOCATION  OUTSIDE  THE  COURT
HOUSE,  AND  CONDUCT  AN ELECTRONIC ARRAIGNMENT UTILIZING AN INDEPENDENT
AUDIO-VISUAL SYSTEM.
  3. WHENEVER A PERSON IS ARRAIGNED BY MEANS OF AN  ELECTRONIC  ARRAIGN-
MENT, THE FOLLOWING CONDITIONS AND LIMITATIONS SHALL APPLY:
  (A) THE DEFENDANT MAY NOT ENTER A PLEA OF GUILTY;
  (B)  NO ELECTRONIC RECORDING OF AN ELECTRONIC ARRAIGNMENT MAY BE MADE,
VIEWED OR INSPECTED EXCEPT AS MAY BE AUTHORIZED BY RULES  OF  THE  CHIEF
ADMINISTRATOR OF THE COURTS; AND
  (C)  STENOGRAPHIC  RECORDING  OF  THE ARRAIGNMENT SHALL BE MADE TO THE
SAME EXTENT AS IF IT WERE AN ORDINARY ARRAIGNMENT RATHER THAN  AN  ELEC-
TRONIC ARRAIGNMENT.
  S  2.  This act shall take effect January 1, 2014 and shall expire and
be deemed repealed January 1, 2016.

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