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Assembly Bill A74

2013-2014 Legislative Session

Authorizes defendants to make electronic appearances in pending criminal actions

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Archive: Last Bill Status - In Assembly Committee

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2013-A74 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง182.20, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A511
2011-2012: A8409
2015-2016: A5857

2013-A74 (ACTIVE) - Summary

Authorizes defendants to make electronic appearances in pending criminal actions.

2013-A74 (ACTIVE) - Bill Text download pdf 

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

                                   74

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH  --  Multi-Sponsored by -- M. of A.
  BUTLER, FINCH, GOTTFRIED, ORTIZ, SCARBOROUGH, SWEENEY -- read once and
  referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  defendants to make electronic appearances in pending criminal actions

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

  Section 1. Subdivision 1 of section 182.20 of the  criminal  procedure
law,  as  amended by chapter 332 of the laws of 2009, is 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,] THIS STATE UPON WRITTEN  APPLICA-
TION  OF  A COUNTY TO THE CHIEF ADMINISTRATOR OF THE COURTS, EXCEPT THAT
ANY COUNTY WITH PREVIOUS AUTHORIZATION BY  LAW  NEED  NOT  REAPPLY,  AND
provided  that  the chief administrator 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 electronic appearance to  such  electronic  appear-
ance.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the amendment to  subdivision
1 of section 182.20 of the criminal procedure law made by section one of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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