NY State Senate Bill 2023-S4614

Senate Bill S4614

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 13, 2023	referred to codes

2023-S4614 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §182.20, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6019
2013-2014: S3870
2015-2016: S2723
2017-2018: S2729
2019-2020: S4754
2021-2022: S4129

2023-S4614 (ACTIVE) - Summary

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

2023-S4614 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4614

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to electronic
court appearance statewide

 
PURPOSE:

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 PROVISIONS:

Section 1 amends section 182.20 of the Criminal Procedure Law, as
amended by chapters 242, 246, 252, 254, 321, and 351 of the laws of
2022, to authorize electronic court appearances of defendants during
certain procedures in criminal cases, except an appearance to a hearing
or trial.

Section 2 states the effective date.

 
JUSTIFICATION:

Currently, 35 counties are authorized to conduct electronic appearances
in lieu of personal appearances by a defendant in criminal court proce-
dures. These counties are: Albany, Bronx, Broome, Chautauqua, Chemung,
Cattaraugus, Clinton, Erie, Essex, Franklin, Herkimer, Kings, Montgom-
ery, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Putnam,
Queens, Rensselaer, Richmond, Rockland, Saratoga, St. Lawrence, Seneca,
Steuben, Schuyler, Suffolk, Sullivan, Tompkins, Warren, Westchester, and
Yates.

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.

 
LEGISLATIVE HISTORY:

2019-20 - S. 4754 - Codes Committee.

2017-18 - S. 2729 - Passed Senate.

2015-16 - S. 2723 - Passed Senate.

2013-14 - S. 3870 - Codes Committee.

 
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.

2023-S4614 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4614
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 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  separately amended by chapters 242, 246, 252, 254, 321 and 351
 of the laws of 2022, 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,  Rockland,  Saratoga,  St.  Lawrence,  Seneca,
 Steuben,  Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery,
 Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer,  Franklin,
 Chemung, Schuyler, or Yates county], provided that the chief administra-
 tor  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.
   § 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.
                                                            LBD04463-01-3

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