Do you support this bill?

Senate Bill S5686

2011-2012 Legislative Session

Authorizes the electronic appearance of a defendant in criminal proceedings across the state, without the consent of such defendant

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

2011-S5686 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง182.20, CP L

2011-S5686 (ACTIVE) - Summary

Authorizes the electronic appearance of a defendant in criminal proceedings across the state, without the consent of such defendant.

2011-S5686 (ACTIVE) - Sponsor Memo

2011-S5686 (ACTIVE) - Bill Text download pdf 

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

                                  5686

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  the  electronic  appearance  of a defendant statewide and removing the
  requirement that the defendant consent thereto

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

  Section  1.  Subdivisions  1  and  2 of section 182.20 of the criminal
procedure law, subdivision 1 as amended by chapter 332 of  the  laws  of
2009  and subdivision 2 as added by chapter 689 of the laws of 1993, are
amended to read as follows:
  1. Notwithstanding any other provision of law and except  as  provided
in  section  182.30  of  this article, the court, in its discretion, may
dispense with the  personal  appearance  of  the  defendant,  except  an
appearance  at  a hearing or trial, and conduct an electronic appearance
in connection with a criminal action [pending in Albany, Bronx,  Broome,
Erie,  Kings,  New  York,  Niagara,  Oneida,  Onondaga, Ontario, Orange,
Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,  Cattarau-
gus,   Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,  Westchester,
Suffolk, Herkimer or Franklin county], provided that the chief  adminis-
trator  of  the  courts  has authorized the use of electronic appearance
[and the defendant, after consultation with  counsel,  consents  on  the
record. Such consent shall be required at the commencement of each elec-
tronic appearance to such electronic appearance].
  2.  If,  for any reason, the court determines on its own motion or [on
the motion of any party that the conduct of an electronic appearance may
impair the legal rights of the defendant, it shall not permit the  elec-
tronic  appearance  to  proceed.  If, for any other articulated reason],
either party requests at any time during the electronic appearance  that
such  appearance be terminated, the court [shall] MAY grant such request
and adjourn the proceeding to a date certain. Upon  the  adjourned  date

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11808-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.