S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2033
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens. STEC, BORRELLO, MATTERA, OBERACKER, ORTT, PALUMBO,
   TEDISCO -- 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
   certain electronic court appearances; and to amend chapter 689 of  the
   laws  of  1993,  amending the criminal procedure law relating to elec-
   tronic court appearance in certain counties, in relation to the effec-
   tiveness thereof
 
   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 separately amended by chapters 242, 246, 252, 254, 321  and  351
 of the laws of 2022, is amended and a new subdivision 5 is added 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]  JURY  trial,  and  conduct  an  electronic
 appearance  in  connection  with  a  criminal action pending in [Albany,
 Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga,  Ontar-
 io,  Orange, Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence,
 Seneca, Steuben,  Tompkins,  Chautauqua,  Cattaraugus,  Clinton,  Essex,
 Montgomery,  Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkim-
 er, Franklin, Chemung, Schuyler, or Yates] ANY county WITHIN THE  STATE,
 provided  that  the chief administrator 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  appear-
 ance.
   5.  WHERE  THE COURT DETERMINES ON ITS OWN MOTION, OR ON THE MOTION OF
 ANY PARTY, THAT THE PERSONAL APPEARANCE  BY  ANY  PARTY,  INCLUDING  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06129-01-3
              

 S. 2033                             2
 
 DEFENDANT,  WOULD  BE IMPRACTICAL, UNSAFE OR EXCESSIVELY BURDENSOME, THE
 COURT MAY  CONDUCT  VIRTUAL  APPEARANCES  WITHOUT  THE  CONSENT  OF  THE
 PARTIES.    THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY FOR HEAR-
 INGS OR TRIALS.
   § 2. Section 182.30 of the criminal procedure law, as added by chapter
 689 of the laws of 1993, is amended to read as follows:
 § 182.30 Electronic appearance; conditions and limitations.
   The  following  conditions  and  limitations  apply  to all electronic
 appearances:
   1. [The defendant may not enter a plea of guilty to, or  be  sentenced
 upon  a conviction of, a felony] THE DEFENDANT MAY NOT BE SENTENCED TO A
 PERIOD OF INCARCERATION, UNLESS SUCH DEFENDANT IS  ALREADY  INCARCERATED
 IN A COUNTY CORRECTIONAL FACILITY OR A CORRECTIONAL FACILITY OPERATED BY
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   2.  The defendant may not enter a plea of not responsible by reason of
 mental disease or defect.
   3. The defendant may not be  committed  to  the  state  department  of
 mental hygiene pursuant to article seven hundred thirty of this chapter.
   [4.  The  defendant  may  not  enter a plea of guilty to a misdemeanor
 conditioned upon a promise of incarceration  unless  such  incarceration
 will  be  imposed  only  in the event that the defendant fails to comply
 with a term or condition imposed under the original sentence.
   5. A defendant who has been convicted of  a  misdemeanor  may  not  be
 sentenced  to  a  period  of  incarceration  which  exceeds the time the
 defendant has already served when sentence is imposed.]
   § 3. Section 2 of chapter 689 of the laws of 1993, amending the crimi-
 nal procedure law relating to electronic  court  appearance  in  certain
 counties,  as  amended by section 20 of part A of chapter 55 of the laws
 of 2021, is amended to read as follows:
   §  2.  This  act  shall  take  effect  immediately,  except  that  the
 provisions  of  this  act shall be deemed to have been in full force and
 effect since July 1, 1992 and the provisions of this  act  shall  expire
 September  1, [2023] 2026 when upon such date the provisions of this act
 shall be deemed repealed.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to section 182.20 of the criminal procedure law made by
 section one of this act and the amendments  to  section  182.30  of  the
 criminal  procedure law made by section two of this act shall not affect
 the repeal of such sections and shall be deemed repealed therewith.