senate Bill S2904

2011-2012 Legislative Session

Relates to audio-visual coverage of judicial proceedings; repealer

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Archive: Last Bill Status - In Committee


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

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Jan 04, 2012 referred to judiciary
Feb 03, 2011 referred to judiciary

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S2904 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Rpld & add ยง218, Judy L
Versions Introduced in 2009-2010 Legislative Session:
S2043

S2904 - Bill Texts

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Relates to audio-visual coverage of judicial proceedings; defines terms; provides exemptions; authorizes judicial discretion; provides supervision of audio-visual coverage and mandatory pre-trial conference; provides that consent is necessary for the audio-visual coverage of arraignments, bail hearings and all proceedings pursuant to article three of the family court act; directs the office of court administration to establish an educational program for all judges and justices of the unified court system; authorizes the promulgation of necessary rules and regulations; and provides for the monitoring of the provisions of this section by the office of court administration.

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

                                  2904

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced by Sens. DeFRANCISCO, GRIFFO, LARKIN, MAZIARZ, RANZENHOFER --
  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 audio-visual  coverage
  of judicial proceedings and to repeal section 218 of such law relating
  to audio-visual coverage of judicial proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 218 of the judiciary law  is  REPEALED  and  a  new
section 218 is added to read as follows:
  S  218.  AUDIO-VISUAL  COVERAGE  OF JUDICIAL PROCEEDINGS. 1.  AUTHORI-
ZATION. NOTWITHSTANDING THE PROVISIONS OF SECTION FIFTY-TWO OF THE CIVIL
RIGHTS  LAW,  AUDIO-VISUAL  COVERAGE  OF  CIVIL   AND   CRIMINAL   TRIAL
PROCEEDINGS IS AUTHORIZED SUBJECT TO THE PROVISIONS OF THIS SECTION.
  2. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
  (A) "ADMINISTRATIVE JUDGE" SHALL MEAN THE ADMINISTRATIVE JUDGE OF EACH
JUDICIAL  DISTRICT;  THE  ADMINISTRATIVE  JUDGE  OF  NASSAU COUNTY OR OF
SUFFOLK COUNTY; THE ADMINISTRATIVE JUDGE OF THE CIVIL COURT OF THE  CITY
OF  NEW  YORK  OR  OF THE CRIMINAL COURT OF THE CITY OF NEW YORK; OR THE
PRESIDING JUDGE OF THE COURT OF CLAIMS.
  (B) "AUDIO-VISUAL COVERAGE" SHALL MEAN THE ELECTRONIC BROADCASTING  OR
OTHER TRANSMISSION TO THE PUBLIC OF RADIO OR TELEVISION SIGNALS FROM THE
COURTROOM,  THE  RECORDING  OF SOUND OR LIGHT IN THE COURTROOM FOR LATER
TRANSMISSION OR REPRODUCTION, OR THE TAKING OF STILL OR MOTION  PICTURES
IN THE COURTROOM BY THE NEWS MEDIA.
  (C) "NEWS MEDIA" SHALL MEAN ANY NEWS REPORTING OR NEWS GATHERING AGEN-
CY AND ANY EMPLOYEE OR AGENT ASSOCIATED WITH SUCH AGENCY, INCLUDING, BUT
NOT  LIMITED TO, TELEVISION, RADIO, RADIO AND TELEVISION NETWORKS, WIRED
AND/OR WIRELESS INTERNET OR ONLINE OR OTHER SERVICES USING ANY MEANS  OF
TRANSMISSION,   NEWS  SERVICES,  NEWSPAPERS,  MAGAZINES,  TRADE  PAPERS,
IN-HOUSE PUBLICATIONS, PROFESSIONAL JOURNALS OR ANY OTHER NEWS REPORTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03768-01-1

S. 2904                             2

OR NEWS GATHERING AGENCY, THE FUNCTION OF WHICH IS TO INFORM THE PUBLIC,
OR SOME SEGMENT THEREOF.
  (D)  "PRESIDING TRIAL JUDGE" SHALL MEAN THE JUSTICE OR JUDGE PRESIDING
OVER PROCEEDINGS AT WHICH AUDIO-VISUAL COVERAGE IS REQUESTED PURSUANT TO
THIS SECTION.
  (E) "COVERT OR UNDERCOVER CAPACITY" SHALL MEAN LAW ENFORCEMENT  ACTIV-
ITY  INVOLVING  CRIMINAL  INVESTIGATION  BY PEACE OR POLICE OFFICERS WHO
USUALLY AND CUSTOMARILY WEAR NO UNIFORM, BADGE, OR OTHER OFFICIAL  IDEN-
TIFICATION IN PUBLIC VIEW.
  (F)  "ARRAIGNMENT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
IN SUBDIVISION NINE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  (G) "SUPPRESSION HEARING" SHALL MEAN A HEARING ON A MOTION MADE PURSU-
ANT TO THE PROVISIONS OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW; A
HEARING ON A MOTION TO DETERMINE THE ADMISSIBILITY OF ANY  PRIOR  CRIMI-
NAL,  VICIOUS  OR IMMORAL ACTS OF A DEFENDANT AND ANY OTHER HEARING HELD
TO DETERMINE THE ADMISSIBILITY OF EVIDENCE.
  (H) "NONPARTY WITNESS" SHALL MEAN ANY WITNESS IN A CRIMINAL OR  FAMILY
COURT  TRIAL PROCEEDING WHO IS NOT A PARTY TO SUCH PROCEEDING; EXCEPT AN
EXPERT OR PROFESSIONAL WITNESS, A PEACE OR POLICE OFFICER WHO  ACTED  IN
THE COURSE OF HIS OR HER DUTIES AND WAS NOT ACTING IN A COVERT OR UNDER-
COVER  CAPACITY  IN CONNECTION WITH THE INSTANT COURT PROCEEDING, OR ANY
GOVERNMENT OFFICIAL ACTING IN AN OFFICIAL CAPACITY, SHALL NOT BE  DEEMED
TO BE A "NONPARTY WITNESS".
  (I) "VISUALLY OBSCURED" SHALL MEAN THAT THE FACE OF A PARTICIPANT IN A
TRIAL PROCEEDING SHALL EITHER NOT BE SHOWN OR SHALL BE RENDERED VISUALLY
UNRECOGNIZABLE  TO  THE  VIEWER  OF  SUCH PROCEEDING BY MEANS OF SPECIAL
EDITING BY THE NEWS MEDIA.
  (J) "AURALLY OBSCURED" SHALL MEAN THAT THE VOICE OF A PARTICIPANT IN A
TRIAL PROCEEDING SHALL BE RENDERED AURALLY UNRECOGNIZABLE TO THE LISTEN-
ER OF SUCH PROCEEDING BY MEANS OF SPECIAL EDITING BY THE NEWS MEDIA.
  (K) "VICTIM" SHALL MEAN A NATURAL PERSON AGAINST WHOM ANY  OFFENSE  AS
DEFINED  IN  SUBDIVISION  ONE OF SECTION 10.00 OF THE PENAL LAW HAS BEEN
COMMITTED OR ATTEMPTED, WHERE SUCH OFFENSE IS CHARGED IN  AN  ACCUSATORY
INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE  LAW  OR  IS  ALLEGED  IN  A  PETITION  FILED IN FAMILY COURT.
"VICTIM" SHALL INCLUDE THE FAMILY MEMBERS IN CLOSEST DEGREE OF RELATION-
SHIP TO A HOMICIDE VICTIM OR THE FAMILY  MEMBERS  OR  GUARDIAN  WHO  HAD
CUSTODY OF A MINOR WHO IS A CRIME VICTIM.
  3.  REQUESTS  FOR  COVERAGE OF PROCEEDINGS; ADMINISTRATIVE REVIEW. (A)
PRIOR TO THE COMMENCEMENT OF THE PROCEEDINGS, ANY NEWS MEDIA  INTERESTED
IN  PROVIDING  AUDIO-VISUAL  COVERAGE  OF COURT PROCEEDINGS SHALL FILE A
REQUEST WITH THE PRESIDING TRIAL JUDGE, IF ASSIGNED, OR IF NO ASSIGNMENT
HAS BEEN MADE, TO THE JUDGE RESPONSIBLE FOR MAKING SUCH  ASSIGNMENT  FOR
TRANSMITTAL  TO THE JUDGE TO WHOM THE PROCEEDING IS ULTIMATELY ASSIGNED.
UPON RECEIPT OF ANY APPLICATION, THE PRESIDING TRIAL JUDGE  SHALL  CAUSE
ALL  PARTIES  AND  ALL  KNOWN  VICTIMS OF CRIMES NAMED IN THE ACCUSATORY
INSTRUMENT OF  THE  PROCEEDING  TO  BE  NOTIFIED  OF  SUCH  APPLICATION.
REQUESTS FOR AUDIO-VISUAL COVERAGE SHALL BE MADE IN WRITING AND NOT LESS
THAN  TEN  DAYS  BEFORE THE COMMENCEMENT OF THE JUDICIAL PROCEEDING, AND
SHALL REFER TO THE INDIVIDUAL PROCEEDING WITH SUFFICIENT  IDENTIFICATION
TO  ASSIST  THE  PRESIDING  TRIAL  JUDGE IN CONSIDERING THE REQUEST. ANY
PARTY OR VICTIM WHO OBJECTS TO SUCH REQUEST  FOR  AUDIO-VISUAL  COVERAGE
SHALL FILE WITH THE COURT SUCH OBJECTION AND THE REASONS THEREFOR WITHIN
FIVE  DAYS  OF RECEIPT OF THE REQUEST. WHERE CIRCUMSTANCES ARE SUCH THAT
AN APPLICANT CANNOT  REASONABLY  APPLY  TEN  OR  MORE  DAYS  BEFORE  THE

S. 2904                             3

COMMENCEMENT  OF  THE  PROCEEDING, THE PRESIDING TRIAL JUDGE MAY SHORTEN
THE TIME PERIOD FOR REQUESTS.
  (B) PERMISSION FOR AUDIO-VISUAL COVERAGE SHALL BE AT THE DISCRETION OF
THE  PRESIDING  TRIAL  JUDGE. AN ORDER GRANTING OR DENYING A REQUEST FOR
AUDIO-VISUAL COVERAGE OF A PROCEEDING SHALL BE IN WRITING AND  SHALL  BE
INCLUDED  IN THE RECORD OF SUCH PROCEEDING. SUCH ORDER SHALL CONTAIN ANY
RESTRICTIONS IMPOSED BY THE JUDGE ON THE AUDIO-VISUAL COVERAGE AND SHALL
CONTAIN A STATEMENT ADVISING THE PARTIES THAT ANY VIOLATION OF THE ORDER
IS PUNISHABLE BY CONTEMPT PURSUANT TO ARTICLE NINETEEN OF THIS  CHAPTER.
SUCH  ORDER  FOR  INITIAL  ACCESS SHALL BE SUBJECT ONLY TO REVIEW BY THE
APPROPRIATE ADMINISTRATIVE JUDGE; THERE SHALL  BE  NO  FURTHER  JUDICIAL
REVIEW  OF SUCH ORDER OR DETERMINATION DURING THE PENDENCY OF A PROCEED-
ING BEFORE THE PRESIDING TRIAL JUDGE. ANY APPEALS PURSUANT TO THIS PARA-
GRAPH SHALL BE HEARD AND DETERMINED PRIOR TO THE  COMMENCEMENT  OF  SUCH
PROCEEDING.    NO  ORDER  ALLOWING OR DENYING AUDIO-VISUAL COVERAGE OF A
PROCEEDING SHALL BE SEALED.
  (C) SUBJECT TO THE PROVISIONS OF SUBDIVISION SEVEN  OF  THIS  SECTION,
UPON  A  REQUEST  FOR  AUDIO-VISUAL  COVERAGE  OF COURT PROCEEDINGS, THE
PRESIDING TRIAL JUDGE SHALL, AT A MINIMUM, TAKE INTO ACCOUNT THE FOLLOW-
ING FACTORS: (I) THE TYPE OF CASE INVOLVED; (II) WHETHER  SUCH  COVERAGE
WOULD  CAUSE  HARM TO ANY PARTICIPANT IN THE CASE OR OTHERWISE INTERFERE
WITH THE FAIR ADMINISTRATION OF JUSTICE, THE ADVANCEMENT OF A FAIR TRIAL
OR THE RIGHTS OF THE PARTIES; (III)  WHETHER  ANY  ORDER  DIRECTING  THE
EXCLUSION OF WITNESSES FROM THE COURTROOM PRIOR TO THEIR TESTIMONY COULD
BE  RENDERED SUBSTANTIALLY INEFFECTIVE BY ALLOWING AUDIO-VISUAL COVERAGE
THAT COULD BE VIEWED BY SUCH WITNESSES TO THE DETRIMENT  OF  ANY  PARTY;
(IV)  WHETHER  SUCH  COVERAGE  WOULD  INTERFERE WITH ANY LAW ENFORCEMENT
ACTIVITY; (V) WHETHER COVERAGE WOULD  INVOLVE  LEWD  MATTERS;  (VI)  THE
OBJECTIONS  OF  ANY  OF  THE  PARTIES, PROSPECTIVE WITNESSES, VICTIMS OR
OTHER PARTICIPANTS IN THE TRIAL PROCEEDING FOR WHICH COVERAGE IS SOUGHT;
(VII) THE PHYSICAL STRUCTURE OF THE COURTROOM AND  THE  LIKELIHOOD  THAT
ANY EQUIPMENT REQUIRED TO CONDUCT COVERAGE CAN BE INSTALLED AND OPERATED
WITHOUT DISTURBANCE TO THOSE PROCEEDINGS OR ANY OTHER PROCEEDINGS IN THE
COURTHOUSE;  (VIII) WHETHER COVERAGE WILL PREJUDICE ANY PARTY OR COMPRO-
MISE ANY CLAIM OR DEFENSE. THE PRESIDING TRIAL  JUDGE  SHALL  NOT  GRANT
PERMISSION  FOR  AUDIO-VISUAL  COVERAGE IN ANY OF THE FOLLOWING TYPES OF
CASES UNLESS THE  COURT  FINDS  THAT  THE  BENEFITS  TO  THE  PUBLIC  OF
AUDIO-VISUAL COVERAGE OUTWEIGH THE RISKS PRESENTED BY SUCH COVERAGE: (I)
A  FAMILY  COURT  PROCEEDING, OTHER THAN ONE BROUGHT PURSUANT TO ARTICLE
THREE OF THE FAMILY COURT ACT; (II) ANY  PROCEEDING  WHERE  AUDIO-VISUAL
COVERAGE  IS  LIKELY TO HAVE A SUBSTANTIAL ADVERSE EFFECT ON THE WELFARE
OF A CHILD, OTHER THAN A CRIMINAL PROCEEDING OR ONE BROUGHT PURSUANT  TO
ARTICLE THREE OF THE FAMILY COURT ACT.
  (D) A REQUEST FOR AUDIO-VISUAL COVERAGE MADE AFTER THE COMMENCEMENT OF
A  TRIAL  PROCEEDING  IN  WHICH  A  JURY IS SITTING SHALL NOT BE GRANTED
UNLESS, (I) COUNSEL FOR ALL PARTIES TO THE PROCEEDING  CONSENT  TO  SUCH
COVERAGE,  OR  (II)  THE  REQUEST  IS FOR COVERAGE OF THE VERDICT AND/OR
SENTENCING IN SUCH PROCEEDING.
  4. SUPERVISION OF AUDIO-VISUAL COVERAGE;  MANDATORY  PRETRIAL  CONFER-
ENCE; JUDICIAL DISCRETION. (A) AUDIO-VISUAL COVERAGE OF A COURT PROCEED-
ING  SHALL  BE  SUBJECT TO THE SUPERVISION OF THE PRESIDING TRIAL JUDGE.
IN SUPERVISING AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS, IN PARTICULAR
ANY WHICH INVOLVE LEWD MATTERS, A PRESIDING  TRIAL  JUDGE  SHALL,  WHERE
NECESSARY  FOR  THE  PROTECTION  OF  ANY  PARTICIPANT OR TO PRESERVE THE
WELFARE OF A MINOR, PROHIBIT ALL OR ANY PART OF THE AUDIO-VISUAL  COVER-
AGE OF SUCH PARTICIPANT, MINOR OR EXHIBIT.

S. 2904                             4

  (B)  A  PRETRIAL  CONFERENCE  SHALL  BE  HELD  IN  EACH  CASE IN WHICH
AUDIO-VISUAL COVERAGE OF A  PROCEEDING  HAS  BEEN  APPROVED.    AT  SUCH
CONFERENCE  THE PRESIDING TRIAL JUDGE SHALL REVIEW, WITH COUNSEL AND THE
NEWS MEDIA WHO  WILL  PARTICIPATE  IN  THE  AUDIO-VISUAL  COVERAGE,  THE
RESTRICTIONS  TO  BE  IMPOSED.    COUNSEL  SHALL CONVEY TO THE COURT ANY
CONCERNS OF PROSPECTIVE WITNESSES WITH RESPECT TO AUDIO-VISUAL COVERAGE.
  (C) THERE SHALL BE NO LIMITATION ON THE EXERCISE OF  DISCRETION  UNDER
THIS  SUBDIVISION  EXCEPT AS PROVIDED BY LAW.  THE PRESIDING TRIAL JUDGE
MAY AT ANY TIME MODIFY OR REVERSE ANY PRIOR ORDER OR DETERMINATION.
  5. CONSENT.  (A) AUDIO-VISUAL COVERAGE OF ARRAIGNMENTS, BAIL HEARINGS,
SUPPRESSION HEARINGS, AND PRELIMINARY HEARINGS IN  CRIMINAL  CASES,  AND
ALL  PROCEEDINGS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT PRIOR
TO A FACT-FINDING HEARING SHALL BE PERMITTED ONLY WITH  THE  CONSENT  OF
ALL  PARTIES  TO THE PROCEEDING; PROVIDED, HOWEVER, WHERE A PARTY IS NOT
YET REPRESENTED BY COUNSEL CONSENT MAY NOT BE GIVEN UNLESS THE PARTY HAS
BEEN ADVISED OF HIS OR HER RIGHT TO  THE  AID  OF  COUNSEL  PURSUANT  TO
SUBDIVISION  FOUR  OF  SECTION  170.10 OR SECTION 180.10 OF THE CRIMINAL
PROCEDURE LAW AND THE PARTY HAS AFFIRMATIVELY ELECTED TO PROCEED WITHOUT
COUNSEL AT SUCH PROCEEDING.
  (B) COUNSEL TO EACH PARTY IN A  TRIAL  PROCEEDING  SHALL  ADVISE  EACH
NONPARTY  WITNESS OR VICTIM THAT HE OR SHE HAS THE RIGHT TO REQUEST THAT
HIS OR HER  IMAGE  BE  VISUALLY  AND/OR  AURALLY  OBSCURED  DURING  SAID
WITNESS'  TESTIMONY,  AND  UPON  SUCH  REQUEST THE PRESIDING TRIAL JUDGE
SHALL ORDER THE NEWS  MEDIA  TO  VISUALLY  AND/OR  AURALLY  OBSCURE  THE
WITNESS IN ANY AND ALL AUDIO-VISUAL COVERAGE OF THE JUDICIAL PROCEEDING.
  6.  RESTRICTIONS  RELATING TO EQUIPMENT AND PERSONNEL; SOUND AND LIGHT
CRITERIA.  WHERE AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS  IS  AUTHOR-
IZED  PURSUANT  TO  THIS  SECTION,  THE  FOLLOWING RESTRICTIONS SHALL BE
OBSERVED:
  (A) EQUIPMENT AND PERSONNEL:
  (I) NO MORE THAN TWO ELECTRONIC OR  MOTION  PICTURE  CAMERAS  AND  TWO
CAMERA OPERATORS SHALL BE PERMITTED IN ANY PROCEEDING.
  (II)  NO  MORE THAN ONE PHOTOGRAPHER TO OPERATE TWO STILL CAMERAS WITH
NOT MORE THAN TWO LENSES FOR EACH  CAMERA  SHALL  BE  PERMITTED  IN  ANY
PROCEEDING.
  (III)  NO  MORE  THAN  ONE AUDIO SYSTEM FOR BROADCAST PURPOSES AND ONE
AUDIO SYSTEM OPERATOR SHALL BE PERMITTED IN ANY PROCEEDING. AUDIO PICKUP
FOR ALL MEDIA PURPOSES  SHALL  BE  EFFECTUATED  THROUGH  EXISTING  AUDIO
SYSTEMS  IN  THE COURT FACILITY. IF NO TECHNICALLY SUITABLE AUDIO SYSTEM
IS  AVAILABLE,  MICROPHONES  AND  RELATED  WIRING  ESSENTIAL  FOR  MEDIA
PURPOSES  SHALL  BE  SUPPLIED  BY  THOSE  PERSONS PROVIDING AUDIO-VISUAL
COVERAGE. ANY MICROPHONES AND SOUND  WIRING  SHALL  BE  UNOBTRUSIVE  AND
LOCATED IN PLACES DESIGNATED BY THE PRESIDING TRIAL JUDGE.
  (IV)  NOTWITHSTANDING  THE  PROVISIONS  OF SUBPARAGRAPHS (I), (II) AND
(III) OF THIS PARAGRAPH,  THE  PRESIDING  TRIAL  JUDGE  MAY  MODIFY  HIS
ORIGINAL ORDER TO INCREASE OR DECREASE THE AMOUNT OF EQUIPMENT THAT WILL
BE  PERMITTED  INTO A COURTROOM ON A FINDING OF SPECIAL CIRCUMSTANCES SO
LONG AS IT WILL NOT IMPAIR THE DIGNITY OF  THE  COURT  OR  THE  JUDICIAL
PROCESS.
  (V)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBPARAGRAPHS (I), (II) AND
(III) OF THIS PARAGRAPH, THE EQUIPMENT AUTHORIZED THEREIN SHALL  NOT  BE
ADMITTED  INTO  A  COURT  PROCEEDING  UNLESS  ALL  PERSONS INTERESTED IN
PROVIDING AUDIO-VISUAL COVERAGE OF SUCH PROCEEDINGS SHALL  HAVE  ENTERED
INTO  POOLING  ARRANGEMENTS  FOR THEIR RESPECTIVE GROUPS. FURTHERMORE, A
POOL OPERATOR FOR THE ELECTRONIC AND MOTION PICTURE  MEDIA  AND  A  POOL
OPERATOR  FOR  THE STILL PHOTOGRAPHY MEDIA SHALL BE SELECTED, AND PROCE-

S. 2904                             5

DURES FOR COST SHARING AND DISSEMINATION OF AUDIO-VISUAL MATERIAL ESTAB-
LISHED. THE COURT SHALL NOT BE CALLED UPON TO  MEDIATE  OR  RESOLVE  ANY
DISPUTE AS TO SUCH ARRANGEMENTS. IN MAKING POOLING ARRANGEMENTS, CONSID-
ERATION  SHALL BE GIVEN TO EDUCATIONAL USERS' NEEDS FOR FULL COVERAGE OF
ENTIRE PROCEEDINGS.
  (B) SOUND AND LIGHT CRITERIA:
  (I) ONLY ELECTRONIC AND MOTION PICTURE CAMERAS,  AUDIO  EQUIPMENT  AND
STILL  CAMERA  EQUIPMENT WHICH DO NOT PRODUCE DISTRACTING SOUND OR LIGHT
SHALL BE EMPLOYED TO COVER JUDICIAL PROCEEDINGS. THE CHIEF ADMINISTRATOR
OF THE COURTS SHALL PROMULGATE A LIST OF ACCEPTABLE EQUIPMENT MODELS.
  (II) NO MOTORIZED DRIVES SHALL BE PERMITTED,  AND  NO  MOVING  LIGHTS,
FLASH  ATTACHMENTS, OR SUDDEN LIGHTING CHANGES SHALL BE PERMITTED DURING
JUDICIAL PROCEEDINGS.
  (III) NO LIGHT OR SIGNAL VISIBLE  OR  AUDIBLE  TO  TRIAL  PARTICIPANTS
SHALL  BE USED ON ANY EQUIPMENT DURING AUDIO-VISUAL COVERAGE TO INDICATE
WHETHER IT IS OPERATING.
  (IV) IT SHALL BE THE AFFIRMATIVE DUTY OF ANY PERSON  DESIRING  TO  USE
EQUIPMENT  OTHER  THAN  THAT  AUTHORIZED  BY  THE CHIEF ADMINISTRATOR TO
DEMONSTRATE TO THE PRESIDING TRIAL JUDGE, ADEQUATELY IN ADVANCE  OF  ANY
PROCEEDING,  THAT  THE  EQUIPMENT SOUGHT TO BE UTILIZED MEETS ACCEPTABLE
SOUND AND LIGHT CRITERIA. A FAILURE TO OBTAIN ADVANCE JUDICIAL  APPROVAL
FOR EQUIPMENT SHALL PRECLUDE ITS USE IN ANY PROCEEDING.
  (V)  WITH  THE  CONCURRENCE OF THE PRESIDING TRIAL JUDGE MODIFICATIONS
AND ADDITIONS MAY BE MADE TO LIGHT SOURCES  EXISTING  IN  THE  FACILITY,
PROVIDED  SUCH MODIFICATION OR ADDITIONS ARE INSTALLED AND MAINTAINED AT
THE EXPENSE OF THE NEWS MEDIA WHO ARE  PROVIDING  AUDIO-VISUAL  COVERAGE
AND PROVIDED THEY ARE NOT DISTRACTING OR OTHERWISE OFFENSIVE.
  (C)  LOCATION  OF  EQUIPMENT  AND  PERSONNEL.  CAMERAS,  EQUIPMENT AND
PERSONNEL SHALL BE POSITIONED IN LOCATIONS DESIGNATED BY  THE  PRESIDING
TRIAL JUDGE.
  (I)  ALL  AUDIO-VISUAL COVERAGE OPERATORS SHALL ASSUME THEIR ASSIGNED,
FIXED POSITION WITHIN THE DESIGNATED AREA AND ONCE ESTABLISHED  IN  SUCH
POSITION,  SHALL  ACT  IN  A MANNER SO AS NOT TO CALL ATTENTION TO THEIR
ACTIVITIES.
  (II) THE AREAS SO DESIGNATED SHALL PROVIDE REASONABLE ACCESS TO COVER-
AGE WITH THE LEAST POSSIBLE INTERFERENCE WITH COURT PROCEEDINGS.  EQUIP-
MENT  THAT  IS  NOT  NECESSARY FOR AUDIO-VISUAL COVERAGE FROM INSIDE THE
COURTROOM SHALL BE LOCATED IN AN AREA OUTSIDE THE COURTROOM.
  (D) MOVEMENT OF EQUIPMENT DURING PROCEEDINGS. EQUIPMENT SHALL  NOT  BE
PLACED  IN,  MOVED  ABOUT  OR  REMOVED  FROM  THE COURTROOM, AND RELATED
PERSONNEL SHALL NOT MOVE ABOUT THE COURTROOM, EXCEPT PRIOR TO  COMMENCE-
MENT  OR  AFTER ADJOURNMENT OF PROCEEDINGS EACH DAY, OR DURING A RECESS.
CAMERA FILM AND  LENSES  SHALL  BE  CHANGED  ONLY  DURING  A  RECESS  IN
PROCEEDINGS.
  7.  RESTRICTIONS ON AUDIO-VISUAL COVERAGE. NOTWITHSTANDING THE INITIAL
APPROVAL OF A REQUEST FOR AUDIO-VISUAL COVERAGE OF ANY COURT PROCEEDING,
THE PRESIDING TRIAL JUDGE SHALL HAVE DISCRETION THROUGHOUT THE  PROCEED-
ING TO REVOKE SUCH APPROVAL OR LIMIT SUCH COVERAGE, AND MAY WHERE APPRO-
PRIATE  EXERCISE SUCH DISCRETION TO LIMIT, RESTRICT OR PROHIBIT AUDIO OR
VIDEO BROADCAST OR PHOTOGRAPHY OF ANY PART  OF  THE  PROCEEDING  IN  THE
COURTROOM, OR OF THE NAME OR FEATURES OF ANY PARTICIPANT THEREIN. IN ANY
CASE, AUDIO-VISUAL COVERAGE SHALL BE LIMITED AS FOLLOWS:
  (A) NO AUDIO PICKUP OR AUDIO BROADCAST OF CONFERENCES WHICH OCCUR IN A
COURT  FACILITY  BETWEEN ATTORNEYS AND THEIR CLIENTS, BETWEEN CO-COUNSEL
OF A CLIENT, OR BETWEEN COUNSEL AND THE PRESIDING TRIAL JUDGE, SHALL  BE

S. 2904                             6

PERMITTED  WITHOUT  THE PRIOR EXPRESS CONSENT OF ALL PARTICIPANTS IN THE
CONFERENCE;
  (B)  NO CONFERENCE IN CHAMBERS SHALL BE SUBJECT TO AUDIO-VISUAL COVER-
AGE;
  (C) NO AUDIO-VISUAL COVERAGE OF THE SELECTION OF THE PROSPECTIVE  JURY
DURING VOIR DIRE SHALL BE PERMITTED;
  (D) NO AUDIO-VISUAL COVERAGE OF THE JURY, OR OF ANY JUROR OR ALTERNATE
JUROR, WHILE IN THE JURY BOX, IN THE COURTROOM, IN THE JURY DELIBERATION
ROOM  DURING  RECESS, OR WHILE GOING TO OR FROM THE DELIBERATION ROOM IN
THE COURTHOUSE AT ANY TIME SHALL BE PERMITTED; PROVIDED, HOWEVER,  THAT,
UPON CONSENT OF THE FOREPERSON OF A JURY, THE PRESIDING TRIAL JUDGE MAY,
IN  HIS  OR  HER  DISCRETION,  PERMIT  AUDIO COVERAGE OF SUCH FOREPERSON
DELIVERING A VERDICT;
  (E) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
PEACE OR POLICE OFFICER ACTED IN A  COVERT  OR  UNDERCOVER  CAPACITY  IN
CONNECTION  WITH THE INSTANT COURT PROCEEDING, WITHOUT THE PRIOR WRITTEN
CONSENT OF SUCH WITNESS;
  (F) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
PEACE OR POLICE OFFICER IS CURRENTLY ENGAGED IN A COVERT  OR  UNDERCOVER
CAPACITY, WITHOUT THE PRIOR WRITTEN CONSENT OF SUCH WITNESS;
  (G) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A CHILD, OTHER THAN
IN  A  CRIMINAL  PROCEEDING OR A PROCEEDING PURSUANT TO ARTICLE THREE OF
THE FAMILY COURT ACT OR OF THE VICTIM IN A PROSECUTION FOR RAPE,  CRIMI-
NAL  SEXUAL  ACT,  SEXUAL  ABUSE  OR OTHER SEX OFFENSE UNDER ARTICLE ONE
HUNDRED THIRTY OR SECTION 255.25 OF THE PENAL LAW;  NOTWITHSTANDING  THE
INITIAL  APPROVAL  OF  A  REQUEST  FOR  AUDIO-VISUAL  COVERAGE OF SUCH A
PROCEEDING, THE PRESIDING TRIAL JUDGE SHALL HAVE  DISCRETION  THROUGHOUT
THE  PROCEEDING TO LIMIT ANY COVERAGE WHICH WOULD IDENTIFY SUCH CHILD OR
VICTIM, EXCEPT THAT SUCH CHILD, OR HIS OR HER PARENT, LEGAL GUARDIAN  OR
LEGAL CUSTODIAN, OR VICTIM CAN REQUEST OF THE PRESIDING TRIAL JUDGE THAT
AUDIO-VISUAL  COVERAGE  BE  PERMITTED OF HIS OR HER TESTIMONY, OR IN THE
ALTERNATIVE THE VICTIM CAN REQUEST THAT COVERAGE OF HIS OR HER TESTIMONY
BE PERMITTED BUT THAT HIS OR HER IMAGE SHALL BE VISUALLY AND/OR  AURALLY
OBSCURED  BY  THE  NEWS MEDIA, AND THE PRESIDING TRIAL JUDGE SHALL GRANT
THE REQUEST OF SUCH CHILD OR VICTIM FOR THE COVERAGE SPECIFIED;
  (H)  NO  AUDIO-VISUAL  COVERAGE  OF  ANY  ARRAIGNMENT,  BAIL  HEARING,
SUPPRESSION  HEARING, OR PRELIMINARY HEARING IN A CRIMINAL CASE, AND ALL
PROCEEDINGS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT PRIOR TO A
FACT-FINDING HEARING, SHALL BE PERMITTED WITHOUT THE  PRIOR  CONSENT  OF
ALL  PARTIES  TO THE PROCEEDING; PROVIDED, HOWEVER, WHERE A PARTY IS NOT
YET REPRESENTED BY COUNSEL CONSENT MAY NOT BE GIVEN UNLESS THE PARTY HAS
BEEN ADVISED OF HIS OR HER RIGHT TO  THE  AID  OF  COUNSEL  PURSUANT  TO
SUBDIVISION  FOUR  OF SECTION 170.10 OR 180.10 OF THE CRIMINAL PROCEDURE
LAW AND THE PARTY HAS AFFIRMATIVELY ELECTED TO PROCEED  WITHOUT  COUNSEL
AT SUCH PROCEEDING;
  (I)  NO  JUDICIAL PROCEEDING SHALL BE SCHEDULED, DELAYED, REENACTED OR
CONTINUED AT THE REQUEST OF, OR FOR THE CONVENIENCE OF THE NEWS MEDIA;
  (J) NO AUDIO-VISUAL COVERAGE OF ANY PARTICIPANT SHALL BE PERMITTED  IF
THE PRESIDING TRIAL JUDGE FINDS THAT SUCH COVERAGE IS LIABLE TO ENDANGER
THE SAFETY OF ANY PERSON;
  (K)  NO AUDIO-VISUAL COVERAGE OF ANY JUDICIAL PROCEEDINGS WHICH ARE BY
LAW CLOSED TO THE PUBLIC, OR WHICH MAY BE CLOSED TO THE PUBLIC AND WHICH
HAVE BEEN CLOSED BY THE PRESIDING TRIAL JUDGE SHALL BE PERMITTED; AND
  (L) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED WHICH  FOCUSES  ON  OR
FEATURES  A  FAMILY  MEMBER OF A VICTIM IN THE TRIAL OF A CRIMINAL CASE,
EXCEPT WHILE SUCH FAMILY MEMBER IS TESTIFYING.    AUDIO-VISUAL  COVERAGE

S. 2904                             7

OPERATORS SHALL MAKE ALL REASONABLE EFFORTS TO DETERMINE THE IDENTITY OF
SUCH PERSONS, SO THAT SUCH COVERAGE SHALL NOT OCCUR.
  8. VIOLATIONS. ANY VIOLATION OF AN ORDER OR DETERMINATION ISSUED UNDER
THIS SECTION SHALL BE PUNISHABLE AS A CONTEMPT PURSUANT TO ARTICLE NINE-
TEEN OF THIS CHAPTER.
  9.  TRAINING.  THE  OFFICE  OF COURT ADMINISTRATION SHALL ESTABLISH AN
EDUCATIONAL PROGRAM FOR ALL JUDGES AND JUSTICES  OF  THE  UNIFIED  COURT
SYSTEM  TO  INSURE  THAT  SUCH  JUDGES  AND  JUSTICES  ARE  AWARE OF THE
PROVISIONS OF THIS SECTION AND OF ANY  IMPLEMENTING  RULES,  REGULATIONS
AND GUIDELINES.
  10.  RULES  AND  REGULATIONS. THE CHIEF ADMINISTRATOR SHALL PROMULGATE
APPROPRIATE  RULES  AND  REGULATIONS  FOR  THE  IMPLEMENTATION  OF   THE
PROVISIONS OF THIS SECTION AFTER AFFORDING ALL INTERESTED PERSONS, AGEN-
CIES  AND  INSTITUTIONS  AN  OPPORTUNITY  TO REVIEW AND COMMENT THEREON.
SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS TO ENSURE THAT AUDI-
O-VISUAL COVERAGE OF TRIAL PROCEEDINGS  SHALL  NOT  INTERFERE  WITH  THE
DECORUM AND DIGNITY OF COURTROOMS AND COURT FACILITIES.
  11.  MONITORING.  THE OFFICE OF COURT ADMINISTRATION SHALL MONITOR THE
PROVISIONS OF THIS SECTION. IN DISCHARGE OF  THIS  DUTY,  IT  SHALL  (A)
RECEIVE  AND  INVESTIGATE  COMPLAINTS FROM TRIAL PARTICIPANTS, INCLUDING
JUDGES, ATTORNEYS AND JURORS, AND FROM MEMBERS OF  THE  PUBLIC  AND  THE
NEWS  MEDIA  IN  CONNECTION  WITH  THE AUDIO-VISUAL COVERAGE OF JUDICIAL
PROCEEDINGS; (B) CONDUCT PERIODIC SURVEYS OF ATTORNEYS WHO HAVE  PARTIC-
IPATED  IN  JUDICIAL  PROCEEDINGS  SUBJECT  TO  AUDIO-VISUAL COVERAGE TO
OBTAIN THEIR RESPECTIVE EVALUATIONS OF THE IMPACT OF SUCH COVERAGE  UPON
THE  PROCEEDINGS; AND (C) COMPILE DATA ON EACH APPLICATION FOR AUDIO-VI-
SUAL COVERAGE OF JUDICIAL PROCEEDINGS INCLUDING BUT NOT LIMITED  TO  THE
FOLLOWING INFORMATION: (I) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF
THE APPLICANT, THE JUDGE TO WHOM THE APPLICATION WAS MADE AND THE ATTOR-
NEYS FOR THE PARTIES TO THE PROCEEDING INVOLVED; (II) THE COURT IN WHICH
THE  APPLICATION  WAS  MADE;  (III) PARTICULARS AS TO THE TYPE OF ACTION
INVOLVED (INCLUDING WHETHER IT WAS CIVIL OR CRIMINAL AND WHAT THE  PRIN-
CIPAL CAUSES OF ACTION OR OFFENSES CHARGED WERE) AND THE STAGE OR STAGES
OF SUCH ACTION FOR WHICH COVERAGE WAS SOUGHT; (IV) THE NATURE AND EXTENT
OF  THE  COVERAGE  APPLIED FOR; (V) WHETHER OBJECTIONS WERE MADE AND, IF
SO, BY WHOM AND ON WHAT GROUNDS; (VI) WHETHER THE APPLICATION WAS GRANT-
ED OR DENIED AND, IF GRANTED, WHAT IF ANY LIMITATIONS  WERE  IMPOSED  ON
COVERAGE;  (VII)  WHERE  THE APPLICATION WAS GRANTED, WHETHER SUCH GRANT
WAS SUBSEQUENTLY REVOKED OR MODIFIED; (VIII) THE NUMBER OF WITNESSES AND
VICTIMS, IF ANY, WHO  REQUESTED  THAT  THEIR  IMAGES  AND/OR  VOICES  BE
OBSCURED;  (IX)  IF  THE APPLICATION WAS MADE FOR COVERAGE OF A CRIMINAL
PROCEEDING, THE NATURE OF ANY SECURING  ORDER  ISSUED  THEREIN  AND  THE
OUTCOME OF THE PROCEEDING INCLUDING THE DISPOSITION OF THE CHARGES THER-
EIN  AND,  IF THE DEFENDANT WAS CONVICTED WHAT SENTENCE WAS IMPOSED; (X)
WHETHER ANY COMPLAINTS WERE FILED WITH  THE  OFFICE  OF  COURT  ADMINIS-
TRATION  PURSUANT  TO  THIS  SUBDIVISION  AND, IF SO, THE NATURE OF SUCH
COMPLAINT. ALL INFORMATION AND DATA COLLECTED AND COMPILED  PURSUANT  TO
THIS  SUBDIVISION FOR A CALENDAR YEAR SHALL BE INCLUDED IN THE REPORT OF
THE CHIEF ADMINISTRATIVE JUDGE FOR THAT YEAR REQUIRED BY  PARAGRAPH  (J)
OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THIS ARTICLE.
  S  2.  This act shall 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.

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