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

                                  10706

                          I N  A S S E M B L Y

                              June 15, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- (at request of the Office of Court Administration) -- read once and
  referred to the Committee on Judiciary

AN ACT to amend chapter 367 of the laws  of  1999,  amending  the  civil
  practice law and rules and the judiciary law relating to authorization
  of  pilot  programs  permitting use of facsimile transmission or elec-
  tronic means to commence an action or special proceeding, in  relation
  to  authorization of pilot programs permitting use of electronic means
  in certain courts; and to amend chapter  416  of  the  laws  of  2009,
  amending  the  civil  practice  law  and  rules relating to service of
  papers by electronic means, in relation to development  of  a  program
  relating  to  the  use  of  electronic  means  for the commencement of
  certain actions; and providing for the repeal of certain provisions of
  chapter 367 of the laws of 1999 upon expiration thereof

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

  Section  1.  Chapter 367 of the laws of 1999, amending the civil prac-
tice law and rules and the judiciary law relating  to  authorization  of
pilot  programs  permitting  use of facsimile transmission or electronic
means to commence an action or special proceeding, is amended by  adding
three new sections 6-a, 6-b and 6-c to read as follows:
  S  6-A.  (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE CHIEF
ADMINISTRATOR OF THE COURTS, WITH THE  APPROVAL  OF  THE  ADMINISTRATIVE
BOARD  OF  THE COURTS, MAY PROMULGATE RULES AUTHORIZING A PROGRAM IN THE
USE OF ELECTRONIC MEANS IN THE SUPREME COURT AND  IN  THE  COUNTY  COURT
FOR:  (1)  THE  FILING  WITH A COURT OF AN ACCUSATORY INSTRUMENT FOR THE
PURPOSE OF ACQUIRING JURISDICTION IN A SUPERIOR COURT,  AS  PROVIDED  BY
ARTICLES  195  AND 200 OF THE CRIMINAL PROCEDURE LAW, AND (2) THE FILING
AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS AND PROCEEDINGS.
  (B) (1) EXCEPT AS OTHERWISE  PROVIDED  IN  THIS  SUBDIVISION,  PARTIC-
IPATION  IN THIS PROGRAM SHALL BE STRICTLY VOLUNTARY AND WILL TAKE PLACE
ONLY UPON CONSENT OF ALL PARTIES IN THE CRIMINAL ACTION  OR  PROCEEDING;
EXCEPT  THAT A PARTY'S FAILURE TO CONSENT TO PARTICIPATION SHALL NOT BAR
ANY OTHER PARTY TO THE ACTION FROM FILING AND SERVING  PAPERS  BY  ELEC-

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

                                                           LBD15304-09-2

A. 10706                            2

TRONIC  MEANS  UPON  THE  COURT  OR  ANY  OTHER  PARTY TO SUCH ACTION OR
PROCEEDING WHO HAS CONSENTED  TO  PARTICIPATION.  FILING  AN  ACCUSATORY
INSTRUMENT BY ELECTRONIC MEANS WITH THE COURT FOR THE PURPOSE OF CONFER-
RING  JURISDICTION  OVER  A  CRIMINAL  ACTION  UPON SUCH COURT SHALL NOT
REQUIRE THE CONSENT OF ANY OTHER PARTY;  PROVIDED,  HOWEVER,  THAT  UPON
SUCH  FILING ANY PERSON WHO IS THE SUBJECT OF SUCH ACCUSATORY INSTRUMENT
AND ANY ATTORNEY FOR SUCH  PERSON  SHALL  BE  PERMITTED  TO  IMMEDIATELY
REVIEW  AND  OBTAIN COPIES OF SUCH INSTRUMENT IF SUCH PERSON OR ATTORNEY
WOULD HAVE BEEN AUTHORIZED BY LAW TO REVIEW OR COPY SUCH  INSTRUMENT  IF
IT HAD BEEN FILED WITH THE COURT IN PAPER FORM.
  (2)  THE  CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF CONSENT
TO PARTICIPATION IN THIS PROGRAM IN SUPREME AND  COUNTY  COURTS  OF  NOT
MORE  THAN  SIX  COUNTIES  PROVIDED  HE  OR  SHE  MAY NOT ELIMINATE SUCH
REQUIREMENT FOR A COURT WITHOUT THE CONSENT OF  THE  DISTRICT  ATTORNEY,
THE  CONSENT  OF THE CRIMINAL DEFENSE BAR AS DEFINED IN SECTION SIX-C OF
THIS ACT AND THE CONSENT OF THE COUNTY CLERK OF THE COUNTY IN WHICH SUCH
COURT PRESIDES.  NOTWITHSTANDING THE FOREGOING, THE CHIEF  ADMINISTRATOR
MAY NOT ELIMINATE THE REQUIREMENT OF CONSENT TO PARTICIPATION IN A COUN-
TY  HEREUNDER  UNTIL HE OR SHE SHALL HAVE PROVIDED ALL PERSONS OR ORGAN-
IZATIONS, OR THEIR  REPRESENTATIVE  OR  REPRESENTATIVES,  WHO  REGULARLY
APPEAR  IN CRIMINAL ACTIONS OR PROCEEDINGS IN THE SUPERIOR COURT OF SUCH
COUNTY WITH REASONABLE NOTICE AND AN OPPORTUNITY TO SUBMIT COMMENTS WITH
RESPECT THERETO AND SHALL HAVE  GIVEN  DUE  CONSIDERATION  TO  ALL  SUCH
COMMENTS,  NOR  UNTIL HE OR SHE SHALL HAVE CONSULTED WITH THE MEMBERS OF
THE ADVISORY COMMITTEE CONTINUED PURSUANT TO SUBDIVISION (C) OF  SECTION
6 OF CHAPTER 416 OF THE LAWS OF 2009, AS AMENDED.
  (C)  WHERE  THE  CHIEF  ADMINISTRATOR  ELIMINATES  THE  REQUIREMENT OF
CONSENT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION,
HE OR SHE SHALL AFFORD  COUNSEL  THE  OPPORTUNITY  TO  OPT  OUT  OF  THE
PROGRAM,  VIA  PRESENTATION  OF  A  PRESCRIBED FORM TO BE FILED WITH THE
COURT WHERE THE CRIMINAL ACTION IS PENDING. SAID FORM, WHICH  SHALL  NOT
BE  PART  OF  THE  CASE  RECORD,  SHALL PERMIT AN ATTORNEY TO OPT OUT OF
PARTICIPATION IN THE PROGRAM UNDER ANY OF THE  FOLLOWING  CIRCUMSTANCES,
IN WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED TO PARTICIPATE:
  (1)  WHERE  THE  ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
APPROPRIATE COMPUTER HARDWARE AND/OR CONNECTION TO THE  INTERNET  AND/OR
SCANNER  OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELEC-
TRONIC FORMAT; OR
  (2) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE  OR  SHE  LACKS
THE  REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN-
NERS NECESSARY TO PARTICIPATE.  FOR THE PURPOSES OF THIS PARAGRAPH,  THE
KNOWLEDGE  OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE ATTOR-
NEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS  SUBJECT  TO  SUCH  ATTORNEY'S
DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY.
  NOTWITHSTANDING THE FOREGOING: (I) WHERE A PARTY IS NOT REPRESENTED BY
COUNSEL, HE OR SHE MAY NOT PARTICIPATE IN THE PROGRAM EXCEPT UPON HIS OR
HER REQUEST AND PERMISSION OF THE COURT; (II) A PARTY NOT REPRESENTED BY
COUNSEL WHO HAS OPTED IN SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT OF
THE  PROGRAM  FOR ANY REASON VIA PRESENTATION OF A PRESCRIBED FORM TO BE
FILED WITH THE CLERK OF THE COURT WHERE THE PROCEEDING IS  PENDING;  AND
(III) A COURT MAY EXEMPT ANY ATTORNEY FROM BEING REQUIRED TO PARTICIPATE
IN  THE  PROGRAM UPON APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE
THEREFOR.
  (D) FOR PURPOSES OF THIS  SECTION,  "ELECTRONIC  MEANS"  SHALL  BE  AS
DEFINED  IN  SUBDIVISION  (F) OF RULE 2103 OF THE CIVIL PRACTICE LAW AND
RULES.

A. 10706                            3

  (E) (1) NOTHING IN THIS SECTION SHALL AFFECT OR  CHANGE  ANY  EXISTING
LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN CRIM-
INAL  PROCEEDINGS  OR  ACCESS  TO  COURT  RECORDS BY THE PARTIES TO SUCH
PROCEEDINGS, NOR SHALL THIS SECTION BE CONSTRUED TO COMPEL  A  PARTY  TO
FILE A SEALED DOCUMENT BY ELECTRONIC MEANS.
  (2)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS CHAPTER, NO PAPER OR
DOCUMENT THAT IS FILED BY ELECTRONIC MEANS IN A CRIMINAL  PROCEEDING  IN
SUPREME  COURT  OR COUNTY COURT SHALL BE AVAILABLE FOR PUBLIC INSPECTION
ON-LINE. SUBJECT TO THE PROVISIONS OF EXISTING LAWS GOVERNING THE  SEAL-
ING  AND  CONFIDENTIALITY OF COURT RECORDS, NOTHING HEREIN SHALL PREVENT
THE UNIFIED COURT SYSTEM FROM SHARING STATISTICAL INFORMATION THAT  DOES
NOT INCLUDE ANY PAPERS OR DOCUMENTS FILED WITH THE ACTION; AND, PROVIDED
FURTHER, THAT THIS PARAGRAPH SHALL NOT PROHIBIT THE CHIEF ADMINISTRATOR,
IN  THE  EXERCISE OF HIS OR HER DISCRETION, FROM POSTING PAPERS OR DOCU-
MENTS THAT HAVE NOT BEEN SEALED PURSUANT TO  LAW  ON  A  PUBLIC  WEBSITE
MAINTAINED BY THE UNIFIED COURT SYSTEM WHERE: (I) THE WEBSITE IS NOT THE
WEBSITE ESTABLISHED BY THE RULES PROMULGATED PURSUANT TO SUBDIVISION (A)
OF  THIS SECTION, AND (II) TO DO SO WOULD BE IN THE PUBLIC INTEREST. FOR
PURPOSES OF THIS SUBDIVISION, THE CHIEF  ADMINISTRATOR,  IN  DETERMINING
WHETHER POSTING PAPERS OR DOCUMENTS ON A PUBLIC WEBSITE IS IN THE PUBLIC
INTEREST,  SHALL,  AT  A MINIMUM, TAKE INTO ACCOUNT FOR EACH POSTING THE
FOLLOWING FACTORS: (I) THE TYPE OF  CASE  INVOLVED;  (II)  WHETHER  SUCH
POSTING  WOULD CAUSE HARM TO ANY PERSON, INCLUDING ESPECIALLY A MINOR OR
CRIME VICTIM; (III) WHETHER SUCH POSTING WOULD INCLUDE LEWD OR  SCANDAL-
OUS  MATTERS; AND (IV) THE POSSIBILITY THAT SUCH PAPERS OR DOCUMENTS MAY
ULTIMATELY BE SEALED.
  (3) NOTHING IN THIS SECTION  SHALL  AFFECT  OR  CHANGE  EXISTING  LAWS
GOVERNING  SERVICE  OF  PROCESS,  NOR SHALL THIS SECTION BE CONSTRUED TO
ABROGATE EXISTING PERSONAL SERVICE REQUIREMENTS  AS  SET  FORTH  IN  THE
CRIMINAL PROCEDURE LAW.
  S  6-B.  (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE CHIEF
ADMINISTRATOR OF THE COURTS, WITH THE  APPROVAL  OF  THE  ADMINISTRATIVE
BOARD  OF  THE COURTS, MAY PROMULGATE RULES AUTHORIZING A PROGRAM IN THE
USE OF ELECTRONIC MEANS IN THE FAMILY COURT FOR: (1) THE ORIGINATION  OF
PROCEEDINGS  IN  SUCH COURT, AND (2) THE FILING AND SERVICE OF PAPERS IN
PENDING PROCEEDINGS.
  (B) (1) EXCEPT AS OTHERWISE  PROVIDED  IN  THIS  SUBDIVISION,  PARTIC-
IPATION  IN THIS PROGRAM SHALL BE STRICTLY VOLUNTARY AND WILL TAKE PLACE
ONLY UPON CONSENT OF ALL PARTIES IN THE PROCEEDING; EXCEPT THAT  FAILURE
OF  A PARTY OR OTHER PERSON WHO IS ENTITLED TO NOTICE OF THE PROCEEDINGS
TO CONSENT TO PARTICIPATION SHALL NOT BAR ANY OTHER  PARTY  FROM  FILING
AND SERVING PAPERS BY ELECTRONIC MEANS UPON THE COURT OR ANY OTHER PARTY
OR  PERSON  ENTITLED  TO  RECEIVE  NOTICE  OF  SUCH  PROCEEDING  WHO HAS
CONSENTED TO PARTICIPATION.  FILING A PETITION WITH THE COURT  BY  ELEC-
TRONIC  MEANS  FOR  THE  PURPOSE  OF  ORIGINATING A PROCEEDING SHALL NOT
REQUIRE THE CONSENT OF ANY OTHER PARTY; PROVIDED,  HOWEVER,  THAT,  UPON
SUCH FILING, A PARTY TO SUCH PROCEEDING AND ANY ATTORNEY FOR SUCH PERSON
SHALL BE PERMITTED TO IMMEDIATELY REVIEW AND OBTAIN COPIES OF SUCH DOCU-
MENTS  AND  PAPERS IF SUCH PERSON OR ATTORNEY WOULD HAVE BEEN AUTHORIZED
BY LAW TO REVIEW OR OBTAIN COPIES OF SUCH DOCUMENTS AND PAPERS  IF  THEY
HAD BEEN FILED WITH THE COURT IN PAPER FORM.
  (2)  IN  THE  RULES  PROMULGATED  PURSUANT  TO SUBDIVISION (A) OF THIS
SECTION, THE  CHIEF  ADMINISTRATOR  MAY  ELIMINATE  THE  REQUIREMENT  OF
CONSENT  TO  PARTICIPATION  IN THIS PROGRAM IN FAMILY COURTS OF NOT MORE
THAN SIX COUNTIES FOR:

A. 10706                            4

  (I) THE FILING WITH THE COURT OF A  PETITION  ORIGINATING  A  JUVENILE
DELINQUENCY  PROCEEDING  UNDER  ARTICLE  3  OF THE FAMILY COURT ACT BY A
PRESENTMENT AGENCY AS DEFINED IN SECTION 301.2 OF SUCH ACT;
  (II)  THE FILING WITH THE COURT OF A PETITION ORIGINATING A PROCEEDING
TO DETERMINE ABUSE OR NEGLECT PURSUANT TO ARTICLE 10 OF THE FAMILY COURT
ACT BY A CHILD PROTECTIVE AGENCY, AS DEFINED IN  SECTION  1012  OF  SUCH
ACT; AND
  (III)  THE  FILING  AND  SERVICE OF PAPERS IN PROCEEDINGS SPECIFIED IN
SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  WHERE,  PURSUANT  TO  SUCH
SUBPARAGRAPHS,  SUCH  PROCEEDINGS  WERE ORIGINATED IN THE COURT BY ELEC-
TRONIC FILING.
  NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR MAY NOT  ELIMI-
NATE  THE REQUIREMENT OF CONSENT TO PARTICIPATION WITHOUT THE CONSENT OF
EACH AUTHORIZED  PRESENTMENT  AGENCY,  CHILD  PROTECTIVE  AGENCY  OF  AN
AFFECTED  COUNTY,  THE  FAMILY  COURT  BAR  PROVIDING  REPRESENTATION TO
PARENTS, AND THE FAMILY COURT BAR PROVIDING REPRESENTATION  TO  CHILDREN
(AS  REPRESENTED BY THE HEAD OF EACH LEGAL SERVICES ORGANIZATION REPRES-
ENTING PARENTS AND/OR CHILDREN, THE HEAD OF EACH PUBLIC DEFENDER  ORGAN-
IZATION,  AND  PRESIDENT  OF THE LOCAL BAR ASSOCIATION AS APPLICABLE) IN
ANY COUNTY IN WHICH SUCH ELIMINATION SHALL APPLY.
  NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR MAY NOT  ELIMI-
NATE  THE  REQUIREMENT OF CONSENT TO PARTICIPATION IN A COUNTY HEREUNDER
UNTIL HE OR SHE SHALL HAVE PROVIDED ALL  PERSONS  OR  ORGANIZATIONS,  OR
THEIR   REPRESENTATIVE  OR  REPRESENTATIVES,  WHO  REGULARLY  APPEAR  IN
PROCEEDINGS IN THE FAMILY COURT OF SUCH COUNTY, IN WHICH PROCEEDINGS THE
REQUIREMENT OF CONSENT IS TO BE ELIMINATED, WITH REASONABLE  NOTICE  AND
AN  OPPORTUNITY  TO  SUBMIT COMMENTS WITH RESPECT THERETO AND SHALL HAVE
GIVEN DUE CONSIDERATION TO ALL SUCH COMMENTS, NOR UNTIL HE OR SHE  SHALL
HAVE  CONSULTED  WITH  THE  MEMBERS  OF THE ADVISORY COMMITTEE CONTINUED
PURSUANT TO SUBDIVISION (D) OF SECTION 6 OF CHAPTER 416 OF THE  LAWS  OF
2009, AS AMENDED.
  (C)  WHERE  THE  CHIEF  ADMINISTRATOR  ELIMINATES  THE  REQUIREMENT OF
CONSENT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION,
HE OR SHE SHALL AFFORD  COUNSEL  THE  OPPORTUNITY  TO  OPT  OUT  OF  THE
PROGRAM,  VIA  PRESENTATION  OF  A  PRESCRIBED FORM TO BE FILED WITH THE
CLERK OF THE COURT WHERE THE PROCEEDING IS  PENDING.  SAID  FORM,  WHICH
SHALL  NOT  BE  PART OF THE CASE RECORD, SHALL PERMIT AN ATTORNEY TO OPT
OUT OF PARTICIPATION IN THE PROGRAM UNDER ANY OF THE  FOLLOWING  CIRCUM-
STANCES, IN WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED TO PARTICIPATE:
  (1)  WHERE  THE  ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
APPROPRIATE COMPUTER HARDWARE AND/OR CONNECTION TO THE  INTERNET  AND/OR
SCANNER  OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELEC-
TRONIC FORMAT; OR
  (2) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE  OR  SHE  LACKS
THE  REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN-
NERS NECESSARY TO PARTICIPATE.  FOR THE PURPOSES OF THIS PARAGRAPH,  THE
KNOWLEDGE  OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE ATTOR-
NEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS  SUBJECT  TO  SUCH  ATTORNEY'S
DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY.
  NOTWITHSTANDING  THE FOREGOING: (I) WHERE A PARTY OR A PERSON ENTITLED
TO NOTICE OF THE PROCEEDINGS IS NOT REPRESENTED BY COUNSEL,  HE  OR  SHE
MAY  NOT  PARTICIPATE  IN THE PROGRAM EXCEPT UPON HIS OR HER REQUEST AND
PERMISSION OF THE COURT; (II) A PARTY WHO IS NOT REPRESENTED BY  COUNSEL
THAT  HAS  OPTED IN, SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT OF THE
PROGRAM FOR ANY REASON VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED
WITH THE CLERK OF THE COURT WHERE THE PROCEEDING IS PENDING; AND (III) A

A. 10706                            5

COURT MAY EXEMPT ANY ATTORNEY FROM BEING REQUIRED TO PARTICIPATE IN  THE
PROGRAM  UPON  APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE THERE-
FOR.
  (D)  FOR  PURPOSES  OF  THIS  SECTION,  "ELECTRONIC MEANS" SHALL BE AS
DEFINED IN SUBDIVISION (F) OF RULE 2103 OF THE CIVIL  PRACTICE  LAW  AND
RULES.
  (E)  NOTWITHSTANDING  ANY PROVISION OF THIS CHAPTER, NO PAPER OR DOCU-
MENT THAT IS FILED BY ELECTRONIC MEANS IN A PROCEEDING IN  FAMILY  COURT
SHALL  BE  AVAILABLE  FOR  PUBLIC  INSPECTION  ON-LINE.  SUBJECT  TO THE
PROVISIONS OF EXISTING LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF
COURT RECORDS, NOTHING HEREIN SHALL PREVENT  THE  UNIFIED  COURT  SYSTEM
FROM SHARING STATISTICAL INFORMATION THAT DOES NOT INCLUDE ANY PAPERS OR
DOCUMENTS FILED WITH THE ACTION.
  (F)  NOTHING  IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING LAWS
GOVERNING THE SEALING AND CONFIDENTIALITY OF  COURT  RECORDS  IN  FAMILY
COURT  PROCEEDINGS  OR  ACCESS  TO  COURT RECORDS BY THE PARTIES TO SUCH
PROCEEDINGS, NOR SHALL THIS SECTION BE CONSTRUED TO COMPEL  A  PARTY  TO
FILE A SEALED DOCUMENT BY ELECTRONIC MEANS.
  (G)  NOTHING  IN  THIS  SECTION  SHALL  AFFECT OR CHANGE EXISTING LAWS
GOVERNING SERVICE OF PROCESS, NOR SHALL THIS  SECTION  BE  CONSTRUED  TO
ABROGATE  EXISTING  PERSONAL  SERVICE  REQUIREMENTS  AS SET FORTH IN THE
FAMILY COURT ACT AND THE CIVIL PRACTICE LAW AND RULES.
  S 6-C. (A) FOR PURPOSES OF SECTION SIX-A OF THIS ACT, "CONSENT OF  THE
CRIMINAL DEFENSE BAR" SHALL MEAN THAT CONSENT HAS BEEN OBTAINED FROM ALL
PROVIDER  OFFICES  AND/OR  ORGANIZATIONS  IN THE COUNTY THAT REPRESENTED
TWENTY-FIVE PERCENT OR MORE OF THE PERSONS REPRESENTED BY PUBLIC DEFENSE
PROVIDERS PURSUANT TO SECTION 722 OF THE COUNTY LAW,  AS  SHOWN  IN  THE
MOST  RECENT ANNUAL REPORTS FILED PURSUANT TO SUBDIVISION ONE OF SECTION
722-F OF THE COUNTY LAW. SUCH CONSENT, WHEN GIVEN, MUST BE EXPRESSED  IN
A  WRITTEN  DOCUMENT  THAT  IS PROVIDED BY A PERSON WHO IS AUTHORIZED TO
CONSENT ON BEHALF OF THE RELEVANT PUBLIC DEFENDER  ORGANIZATION,  AGENCY
OR OFFICE.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW, NO PARTY OR HIS
OR HER COUNSEL SHALL BE CHARGED A FEE FOR VIEWING INFORMATION  FILED  BY
ELECTRONIC  MEANS,  OR  FOR  DOWNLOADING  OR  PRINTING  SUCH INFORMATION
THROUGH THE USE OF SUCH PARTY'S OR COUNSEL'S OWN  EQUIPMENT.  THE  CHIEF
ADMINISTRATOR OF THE COURTS SHALL ENSURE THAT SUFFICIENT COMPUTER TERMI-
NALS AND STAFF ARE AVAILABLE AT THE COURTHOUSE OF EACH COURT PARTICIPAT-
ING IN THE PROGRAM IN THE USE OF ELECTRONIC MEANS, TO ENABLE PARTIES AND
THEIR  COUNSEL  TO  ACCESS  INFORMATION,  SUBJECT  TO  THE PROVISIONS OF
SECTIONS SIX-A AND SIX-B OF THIS ACT AND LAWS GOVERNING THE SEALING  AND
CONFIDENTIALITY  OF  COURT  RECORDS,  FILED  BY ELECTRONIC MEANS AT SUCH
COURTHOUSE IN A PROMPT AND CONVENIENT MANNER.
  S 2. Subparagraphs 1 and 2 of paragraph  (B)  of  subdivision  (b)  of
section  6  of chapter 367 of the laws of 1999, amending the civil prac-
tice law and rules and the judiciary law relating  to  authorization  of
pilot  programs  permitting  use of facsimile transmission or electronic
means to commence an action or special proceeding, are REPEALED, subpar-
agraphs 3, 4 and 5 of paragraph (B) are renumbered  subparagraphs  1,  2
and 3 and subparagraph 1, as amended by chapter 543 of the laws of 2011,
is amended to read as follows:
  1.  One  or  more  classes  of cases (excluding matrimonial actions as
defined by the civil practice law and rules, election  law  proceedings,
proceedings brought pursuant to article 78 of the civil practice law and
rules,  and  proceedings  brought pursuant to the mental hygiene law) in
supreme court in ERIE, Livingston, Monroe, Rockland, Tompkins, Allegany,

A. 10706                            6

Essex, Onondaga, SUFFOLK and Westchester counties AND  IN  THE  COUNTIES
WITHIN THE CITY OF NEW YORK, and
  S  3. Subdivisions (c) and (d) of section 6 of chapter 416 of the laws
of 2009, amending the civil practice law and rules relating  to  service
of  papers  by  electronic means, as added by chapter 543 of the laws of
2011, are amended to read as follows:
  (c)(1) The [chief administrator shall create an] advisory committee to
consult with [him or her] THE CHIEF ADMINISTRATOR regarding the develop-
ment of a program relating to  the  use  of  electronic  means  for  the
commencement of criminal actions and the filing and service of papers in
pending  criminal  actions  and  proceedings IS CONTINUED. The committee
shall consist of such number of members as will enable the chief  admin-
istrator to obtain input from those who ARE OR would be affected by such
electronic filing program, and such members shall include county clerks;
chief  clerks  of  supreme, county and other courts; district attorneys;
not-for-profit legal service providers; public defenders; statewide  and
local  specialty bar associations whose membership devotes a significant
portion of their practice to assigned criminal cases pursuant to subpar-
agraph (i) of paragraph (a) of subdivision 3 of section 722 of the coun-
ty law; institutional providers of criminal defense services  and  other
members  of the criminal defense bar; representatives of victims' rights
organizations;  unaffiliated   attorneys   who   regularly   appear   in
proceedings  that  ARE  OR  would  be affected by such electronic filing
program and other interested members of the criminal justice  community.
Such committee shall help the chief administrator to evaluate the impact
of  such  electronic filing program on litigants including unrepresented
parties, practitioners and the courts and to obtain input from those who
ARE OR would be affected by such electronic  filing  program,  including
district  attorneys,  not-for-profit  legal  service  providers,  public
defenders, statewide and local specialty bar associations whose  member-
ship  devotes a significant portion of their practice to assigned crimi-
nal cases pursuant to subparagraph (i) of paragraph (a) of subdivision 3
of section 722 of the county law, institutional  providers  of  criminal
defense  services  and other members of the criminal defense bar, repre-
sentatives of victims' rights organizations, unaffiliated attorneys  who
regularly  appear  in  proceedings that ARE OR would be affected by such
electronic filing program and other interested members of  the  criminal
justice community.
  (2)  No  later than January 1, [2012] 2015, the chief administrator of
the courts shall submit to the legislature, the governor and  the  chief
judge  of the state a report of the evaluation including the entities or
individuals consulted, the input received, ALL PROBLEMS  ENCOUNTERED  OR
OTHERWISE  BROUGHT  TO  THE  ATTENTION OF THE CHIEF ADMINISTRATOR OF THE
COURTS OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE  PROB-
LEMS,  PRESENTMENT  OF  ALL OUTSTANDING PROBLEMS, any recommendations of
the advisory committee to the chief administrator, along with  recommen-
dations for legislation [authorizing the development of a program relat-
ing]  IN RELATION to the use of electronic means for the commencement of
criminal actions and the filing and service of papers in pending  crimi-
nal actions and proceedings. IN THE REPORT, THE CHIEF ADMINISTRATOR ALSO
SHALL  ADDRESS  ISSUES  THAT BEAR UPON THE NEED FOR THE COURTS, DISTRICT
ATTORNEYS AND OTHERS TO RETAIN PAPERS FILED WITH COURTS OR  SERVED  UPON
PARTIES  IN CRIMINAL PROCEEDINGS WHERE ELECTRONIC MEANS CAN OR HAVE BEEN
USED AND  MAKE  RECOMMENDATIONS  FOR  SUCH  CHANGES  IN  LAWS  REQUIRING
RETENTION  OF  SUCH PAPERS AS TO THE CHIEF ADMINISTRATOR MAY SEEM APPRO-
PRIATE.

A. 10706                            7

  (d) (1) The [chief administrator shall create an]  advisory  committee
to  consult  with  [him  or  her]  THE CHIEF ADMINISTRATOR regarding the
development of a program relating to the use of electronic means for the
origination of juvenile delinquency proceedings under article 3  of  the
family court act and abuse or neglect proceedings pursuant to article 10
of  the  family  court act in family court and the filing and service of
papers in such pending proceedings IS  CONTINUED.  The  committee  shall
consist of such number of members as will enable the chief administrator
to  obtain  input  from those who ARE OR would be affected by such elec-
tronic filing [programs] PROGRAM, and such members shall  include  chief
clerks  of  family courts; representatives of authorized presentment and
child protective agencies; other appropriate county and city  government
officials; institutional providers of legal services for children and/or
parents;  not-for-profit  legal  service  providers;  public  defenders;
attorneys assigned pursuant to article 18-B of the county law; and other
members of the family court  bar;  representatives  of  victims'  rights
organizations;   unaffiliated   attorneys   who   regularly   appear  in
proceedings that ARE OR would be  affected  by  such  electronic  filing
program;  and other interested members of the family practice community.
Such committee shall help the chief administrator to evaluate the impact
of such electronic filing program on litigants  including  unrepresented
parties, practitioners and the courts and to obtain input from those who
ARE  OR  would  be affected by such electronic filing program, including
representatives of authorized presentment and child protective agencies,
other appropriate county and city  government  officials,  institutional
providers  of legal services for children and/or parents, not-for-profit
legal service providers, public defenders, attorneys  assigned  pursuant
to  article 18-B of the county law and other members of the family court
bar, representatives  of  victims'  rights  organizations,  unaffiliated
attorneys  who  regularly  appear  in  proceedings  that ARE OR would be
affected by such electronic filing program, and other interested members
of the criminal justice community.
  (2) No later than January 1, [2012] 2015, the chief  administrator  of
the  courts  shall submit to the legislature, the governor and the chief
judge of the state a report of the evaluation including the entities  or
individuals  consulted,  input  received,  ALL  PROBLEMS  ENCOUNTERED OR
OTHERWISE BROUGHT TO THE ATTENTION OF THE  CHIEF  ADMINISTRATOR  OF  THE
COURTS  OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE PROB-
LEMS, PRESENTMENT OF ALL OUTSTANDING PROBLEMS,  any  recommendations  of
the  advisory committee to the chief administrator, along with recommen-
dations for legislation [authorizing the development of a program relat-
ing] IN RELATION to the use of electronic means for the  origination  of
juvenile delinquency proceedings under article 3 of the family court act
and  abuse  or  neglect proceedings pursuant to article 10 of the family
court act in family court and the filing and service of papers  in  such
pending proceedings.
  S  4.  This act shall take effect immediately; provided, however, that
sections 6-a, 6-b, and 6-c of chapter 367 of the laws of 1999, as  added
by  section one of this act, shall expire and be deemed repealed Septem-
ber 1, 2015; and provided further that the amendments to  paragraph  (B)
of  subdivision (b) of section 6 of chapter 367 of the laws of 1999 made
by section two of this act shall  not  affect  the  expiration  of  such
provisions and shall be deemed to be repealed therewith.