|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 15, 2013||referred to codes|
senate Bill S2242
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2242 - Details
S2242 - Summary
Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment whenever such defendant is being held at a secure location outside the courthouse and conduct an electronic arraignment.
S2242 - Sponsor Memo
BILL NUMBER:S2242 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the use of video monitoring equipment to conduct arraignments; and to repeal article 185 of such law relating thereto PURPOSE OR GENERAL IDEA OF BILL: To allow electronic arraignment for defendants being held in a secure location outside the court house provided the chief administrator of the courts has authorized the use of electronic arraignment. SUMMARY OF SPECIFIC PROVISIONS: Article 165 of the Criminal Procedure Law is repealed and a new Article 185 is added, JUSTIFICATION: Currently, defendants must be physically present during arraignment proceedings which sometimes result in great cost to the county in which the proceedings are being held. The county holding arraignment proceedings must bear the cost of transporting defendants from a secure location to the court for the defendants' personal appearance. This is a significant cost co the county which is host to such proceedings. With today's modern technology it is possible to hold arraignment proceedings through an audio-visual system whenever the defendant is being held at a secure location outside the court house. This bill would allow for such electronic arraignments provided that the chief
S2242 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2242 2013-2014 Regular Sessions I N S E N A T E January 15, 2013 ___________ Introduced by Sens. YOUNG, BONACIC, DeFRANCISCO, RANZENHOFER -- 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 the use of video monitoring equipment to conduct arraignments; and to repeal article 185 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 185 of the criminal procedure law is REPEALED and a new article 185 is added to read as follows: ARTICLE 185 ALTERNATE METHOD OF ARRAIGNMENT SECTION 185.10 DEFINITION OF TERMS. 185.20 ELECTRONIC ARRAIGNMENT. 185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT. 185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS. S 185.10 DEFINITION OF TERMS. AS USED IN THIS ARTICLE: 1. "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER SUITABLE MEANS TO PRECLUDE THE UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY COMMERCIALLY AVAILABLE TELEVISION RECEIVERS OR MONITORS, CHANNEL CONVERTERS, OR OTHER AVAILABLE RECEIVING DEVICES. 2. "ELECTRONIC ARRAIGNMENT" MEANS AN ARRAIGNMENT IN WHICH VARIOUS PARTICIPANTS, INCLUDING THE DEFENDANT, ARE NOT PERSONALLY PRESENT IN THE COURT BUT IN WHICH ALL OF THE PARTICIPANTS ARE SIMULTANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF THE JUDGE, COUN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06844-01-3
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.