senate Bill S4681

2009-2010 Legislative Session

Provides for statewide video arraignments; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Apr 27, 2009 referred to codes

S4681 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 185 ยงยง185.10 - 185.40, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S837
2013-2014: S2242
2015-2016: S3083
2017-2018: S554
2019-2020: S1019, S4800

S4681 (ACTIVE) - Summary

Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment whenever such defendant is being held at a secure location outside the courthouse and conduct an electronic arraignment.

S4681 (ACTIVE) - Sponsor Memo

S4681 (ACTIVE) - Bill Text download pdf

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

                                  4681

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  the  use  of
  video  monitoring  equipment  to  conduct  arraignments; and to repeal
  article 185 of such law relating thereto

  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 Article 185 of the criminal procedure law is REPEALED and a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
                      ALTERNATE METHOD OF ARRAIGNMENT

SECTION 185.10 DEFINITION OF TERMS.
        185.20 ELECTRONIC ARRAIGNMENT.
        185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT.
        185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS.

S 185.10 DEFINITION OF TERMS.
  AS USED IN THIS ARTICLE:
  1.  "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.
  2.  "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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07211-01-9

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