S T A T E O F N E W Y O R K
________________________________________________________________________
2046
2009-2010 Regular Sessions
I N S E N A T E
February 11, 2009
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to mechanical recording
of testimony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The judiciary law is amended by adding a new section 290-a
to read as follows:
S 290-A. MECHANICAL RECORDING OF TESTIMONY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE CHIEF ADMINISTRATOR OF THE COURTS MAY DIRECT
THE USE OF MECHANICAL RECORDING OF TESTIMONY AND OF OTHER PROCEEDINGS IN
EACH CASE, IN LIEU OF THE TAKING OF STENOGRAPHIC NOTES THEREOF, EXCEPT
FOR THE COURTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
2. THE FOLLOWING COURTS SHALL BE PROHIBITED FROM USING MECHANICAL
RECORDING OF TESTIMONY:
(A) NEW YORK CITY SUPREME COURTS CIVIL TERM;
(B) NEW YORK CITY SUPREME COURTS CRIMINAL TERM;
(C) NEW YORK STATE SUPREME COURTS OUTSIDE THE CITY OF NEW YORK;
(D) NEW YORK COUNTY COURTS;
(E) NEW YORK STATE DISTRICT COURTS, CRIMINAL AND CIVIL JURY TRIALS;
(F) NEW YORK STATE FAMILY COURTS, DELINQUENCY CASES;
(G) NEW YORK CITY CIVIL AND CRIMINAL COURTS;
(H) CITY COURTS OUTSIDE THE CITY OF NEW YORK;
(I) SURROGATE COURTS, HEARING AND TRIAL PARTS.
3. IN THE EVENT THERE ARE NO TRANSFER OR REASSIGNMENT REQUESTS, AND NO
VIABLE ELIGIBLE LIST OF STENOTYPE COURT REPORTERS FROM WHICH TO CANVASS,
THEN AN EMPLOYMENT ANNOUNCEMENT SHALL BE ISSUED TO FILL THE POSITION ON
A PROVISIONAL OR PER DIEM BASIS. ONLY THEN, WHEN SUCH REMEDIES ARE
EXHAUSTED AND NO STENOTYPE COURT REPORTERS ARE AVAILABLE, MAY MECHANICAL
RECORDING OF TESTIMONY BE USED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04778-01-9
S. 2046 2
4. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL SUBMIT A REPORT TO THE
LEGISLATURE NO LATER THAN MARCH THIRTY-FIRST, TWO THOUSAND TEN AND ANNU-
ALLY THEREAFTER. SUCH ANNUAL REPORT TO THE LEGISLATURE SHALL INCLUDE:
THE TYPES OF TRIAL COURT PROCEEDINGS IN WHICH MECHANICAL RECORDING IS
USED THROUGHOUT THE UNIFIED COURT SYSTEM; AN AUDIT OF ALL ELECTRONIC
RECORDING TRANSCRIBERS; AND ALL PURCHASES AND LEASES OF ELECTRONIC
RECORDING EQUIPMENT THAT SHALL BE USED TO RECORD ALL JUDICIAL
PROCEEDINGS.
S 2. This act shall take effect immediately.