assembly Bill A10795

2011-2012 Legislative Session

Authorizes the electronic recording of certain court proceedings in lieu of using an official stenographic court reporter

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to judiciary

A10795 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Add ยงยง295-a & 218-a, Judy L

A10795 (ACTIVE) - Summary

Authorizes the electronic recording of certain court proceedings in lieu of using an official stenographic court reporter.

A10795 (ACTIVE) - Bill Text download pdf

                    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