Senate Bill S2043

                                BILL NUMBER:S2043

TITLE OF BILL:
An act
to amend the judiciary law, in relation to audio-visual coverage of
judicial proceedings and to repeal section 218 of such law relating to
audio-visual coverage of judicial proceedings

PURPOSE:
The bill enacts a new section 218 of the judiciary law to re-authorize
audio-visual coverage of court proceedings in New York and make such
provision permanent. Existing authorization for audio-visual coverage
of judicial proceeding expired on June 30, 1997.

SUMMARY OF PROVISIONS:
The bill re-enacts section 218 of the judiciary law authorizing
audio-visual coverage of judicial proceedings as it existed on June
30, 1997 with the following changes and safeguards:

In subdivision 2 of section 218, the definition of "nonparty witness"
is expanded to include witnesses in family court proceedings and to
provide definitions for "victim" and "aurally obscured;"

Subdivision
3 provides that requests for audio-visual coverage shall be made
prior to the commencement of the proceeding to the presiding trial
              

judge and where feasible applications for audio visual coverage
should be made not less than 10 days before commencement of the
proceeding, with any objections by a party or victim filed within 5
days of receipt of the request.
Permission for audio-visual coverage shall be at the discretion of
the trial judge, and an order granting or denying a request for
audio-visual coverage shall be subject only to review by the
appropriate administrative judge prior to the commencement of the
proceeding. This subdivision also expands the factors that the
presiding trial judge shall consider in determining such requests to
include any objections to coverage, suitability of the court room and
whether coverage will prejudice any party or compromise any claim or
defense. Also a heightened standard is provided for permitting
audio-visual coverage in family court proceedings and certain
proceedings involving a child. Except for coverage of a verdict or
sentencing, a request for audio visual coverage after commencement of
a jury trial can only be granted upon the consent of all the
parties;

Subdivision 5 adds bail hearings and preliminary hearings in criminal
cases and proceedings pursuant to article three of the family court
act prior to a fact finding hearing to those instances where consent
of all parties is required. Also all victims as well as non party
witnesses can require that his or her image be visually or aurally
obscured;

Subdivision 7 which lists restrictions on audio-visual coverage is
expanded to prohibit coverage of a child, other than in a criminal
proceeding or a proceeding pursuant to article three of the family
court act or coverage of a victim of a sex offense unless the parent


or legal guardian of the child or the victim requests that coverage
of his or her testimony be permitted;

Subdivision 9 requires that the Office of Court Administration
establish an educational program for all judges and justices relating
to this law and the rules, regulations and guidelines for its proper
implementation;

Subdivision 11 directs the Office of Court Administration to monitor
compliance with the law and to report to the governor and legislature
on an annual basis the information that it has compiled.

EXISTING LAW:
Section 218 of the judiciary law, which expired on June 30, 1997,
authorized audio-visual coverage of judicial proceedings on an
experimental basis.

JUSTIFICATION:
This bill will re-authorize audio-visual coverage of judicial
proceedings in New York.
Starting in 1987 and continuing through 1997, the legislature
authorized cameras in the courtroom. During that period hundreds of
trials were televised and three review committees established under
the legislation and its extensions issued reports concluding that the
audio visual coverage of trial proceedings provided a public benefit
while safeguarding the rights of the parties and witnesses and should
continue. In 1995 when the legislature last extended the provisions
of section 218, the committee established to review audio-visual
coverage, after a thorough study of the effects of audio visual
coverage, recommended that the law be made permanent and that
training be provided to all judges and justices to ensure the
appropriate application of audio visual coverage of court proceedings.

During the decade that audio visual coverage of judicial proceedings
was permitted it was clearly demonstrated that audio visual coverage
can provide meaningful benefits to the public.
First, televised coverage of court proceedings provide greater public
access to the courts, which will better educate the public about the
judicial system. Second, televised coverage can also enhance public
scrutiny of the judicial system and the accountability of our courts.

This bill also provides adequate protection and restrictions as well
as giving presiding trial judges the discretion to ensure that audio
visual coverage of court proceedings not only fully protects the
rights of all parties, witnesses and victims, but also ensures
judicial accountability and allows citizens to see the court system
for themselves.

LEGISLATIVE HISTORY:
2009-2010: S.2043;
2007-2008: S.2067/A.2006; A.10830/S.7580

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act will take effect immediately, provided, however, that
subdivisions one through eight and subdivision eleven of section 218
of the Judiciary Law as added by section one of this Act shall take
effect on the one hundred twentieth day after it shall have become a
law.