The New York State Senate

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

                                  10795

                          I N  A S S E M B L Y

                              June 19, 2012
                               ___________

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

AN ACT to amend the judiciary law, in relation to the use of  electronic
  recordings of testimony during court proceedings

  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  295-a
to read as follows:
  S  295-A.  ELECTRONIC RECORDING OF COURT PROCEEDINGS.  NOTWITHSTANDING
ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE CHIEF ADMINISTRATOR  OF
THE  COURTS  SHALL  AUTHORIZE  THE USE OF ELECTRONIC RECORDINGS OF COURT
PROCEEDINGS IN LIEU OF USING AN OFFICIAL STENOGRAPHIC COURT REPORTER, AS
PROVIDED IN SECTION TWO HUNDRED EIGHTEEN-A OF THIS  CHAPTER.  THE  CHIEF
ADMINISTRATOR  OF  THE  COURTS SHALL NOT AUTHORIZE THE USE OF ELECTRONIC
RECORDING OF COURT PROCEEDINGS IN LIEU OF USING AN OFFICIAL STENOGRAPHIC
COURT REPORTER IN (A) ANY PROCEEDING WHERE AN APPEAL, AS OF RIGHT, OR BY
LEAVE OR PERMISSION, MAY BE TAKEN THEREFROM; (B)  ANY  PROCEEDING  WHERE
LIFE,  LIBERTY  OR  OTHER  FUNDAMENTAL  RIGHT  IS  AT ISSUE; AND (C) ANY
PROCEEDING WHERE CONFIDENTIALITY OR THE SECURITY OF THE  PARTIES  IS  AT
ISSUE.  ANY  ORAL OR WRITTEN AGREEMENT PURPORTING TO WAIVE THE USE OF AN
OFFICIAL STENOGRAPHIC  COURT  REPORTER  UNDER  THIS  SECTION  IS  HEREBY
DECLARED TO BE VOID AS AGAINST PUBLIC POLICY.
  S  2.  The  judiciary  law is amended by adding a new section 218-a to
read as follows:
  S 218-A. ELECTRONIC RECORDINGS OF  COURT  PROCEEDINGS.  1.    AUTHORI-
ZATION.  IN  ANY  COURT  IN  WHICH  THE  USE OF ELECTRONIC RECORDINGS OF
PROCEEDINGS  IS  NOT  PROHIBITED  PURSUANT  TO   SECTION   TWO   HUNDRED
NINETY-FIVE-A  OF THIS CHAPTER, THE REQUIREMENTS OF SUBDIVISION THREE OF
THIS SECTION SHALL APPLY.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "ELECTRONIC RECORDING" MEANS INFORMATION EVIDENCING ANY TESTIMONY,
EVENT OR ACTIVITY, PRODUCED OR STORED BY ELECTRONIC MEANS AND CAPABLE OF
BEING REPRODUCED IN AUDIO OR VISUAL FORMS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16215-02-2

A. 10795                            2

  (B) "OFFICIAL STENOGRAPHIC COURT REPORTER"  MEANS  AN  OFFICIAL  COURT
REPORTER,  WHOSE  WORK  PRODUCT  OF  THE  TESTIMONY,  EVIDENCE  OR COURT
PROCEEDINGS, OR PARTICULAR PART THEREOF, IS TRANSCRIBED AND CERTIFIED BY
SUCH REPORTER TO BE TRUE AND CORRECT AND MAY  BE  RECEIVED  IN  EVIDENCE
WITH THE SAME EFFECT AS IF SUCH STENOGRAPHER WERE PRESENT AND TESTIFYING
TO THE FACTS SO CERTIFIED.
  3.  RULES  AND  REGULATIONS.  THE CHIEF ADMINISTRATOR SHALL PROMULGATE
RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS  OF  THIS
SECTION  AFTER AFFORDING ALL INTERESTED PARTIES AN OPPORTUNITY TO REVIEW
AND COMMENT THEREON.  NO ELECTRONIC RECORDING OF ANY PROCEEDINGS MAY  BE
MADE, COPIED, VIEWED OR INSPECTED EXCEPT AS AUTHORIZED BY SUCH RULES.
  (A) SUCH RULES AND REGULATIONS SHALL:
  (I)  BE CONSISTENT WITH ARTICLE NINE OF THIS CHAPTER AND IN ACCORDANCE
WITH ANY COLLECTIVE BARGAINING AGREEMENTS, AS  ADVANCING  TECHNOLOGY  IS
INTEGRATED INTO COURT PROCEEDINGS;
  (II) PRESERVE THE CONFIDENTIALITY, SECURITY AND PRIVACY OF THE PARTIES
AND PROCEEDINGS, WHERE APPROPRIATE;
  (III)  ESTABLISH  OVERSIGHT  AND CONDUCT PERIODIC AUDITS OF ELECTRONIC
RECORDING DEVICES; AND OF THE FILING, PRESERVATION,  STORAGE  AND  ELEC-
TRONIC SECURITY SYSTEMS; AND
  (IV)  ADOPT  STANDARDS  FOR  FILING OF THE OATHS OF OFFICE AND CERTIF-
ICATION OF OFFICIAL STENOGRAPHIC COURT REPORTERS.
  (B) IF THE CHIEF ADMINISTRATOR  AUTHORIZES  CONTRACTS  FOR  ELECTRONIC
RECORDING  AND TRANSCRIPTION SERVICES, SUCH CONTRACTS SHALL ALSO CONTAIN
PROVISIONS FOR:
  (I) MAINTAINING A DEMONSTRABLE CHAIN  OF  CUSTODY  OF  ALL  ELECTRONIC
RECORDINGS AND TRANSCRIPTS OF COURT PROCEEDINGS;
  (II)  CONDUCTING  AND  REGULARLY  UPDATING  BACKGROUND  CHECKS  OF ALL
EMPLOYEES HAVING ACCESS TO AND CONTACT WITH  ELECTRONIC  RECORDINGS  AND
TRANSCRIPTS OF COURT PROCEEDINGS;
  (III) REQUIRING ACCURATE, TIMELY AND AFFORDABLE TRANSCRIPTION SERVICES
FOR COURT PROCEEDINGS;
  (IV) IMPOSE STANDARDS FOR EDUCATION, FILING OF OATHS AND CERTIFICATION
OF TYPISTS COMPARABLE TO OFFICIAL STENOGRAPHIC COURT REPORTERS; AND
  (V)  PERIODIC  AUDITING  OF FILING, CATALOGING AND STORAGE SECURITY OF
ELECTRONIC RECORDINGS, COPIES, AND TRANSCRIPTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment, and/or repeal of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized to be made on or before such date.