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

                                  7168

                            I N  S E N A T E

                               May 1, 2014
                               ___________

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

AN ACT to amend the judiciary law, in relation to  mechanical  recording
  of testimony and 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  290-a
to read as follows:
  S  290-A.  MECHANICAL  RECORDING  OF  TESTIMONY  AND PROCEEDINGS.   1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF  ADMINISTRATOR  OF
THE  COURTS  MAY DIRECT THE USE OF MECHANICAL RECORDING OF TESTIMONY AND
OF OTHER PROCEEDINGS IN EACH CASE, IN LIEU OF THE TAKING OF STENOGRAPHIC
NOTES THEREOF, EXCEPT FOR THE COURTS SET FORTH  IN  SUBDIVISION  TWO  OF
THIS SECTION.  TRANSCRIPTS PROVIDED BY ELECTRONIC RECORDING TRANSCRIBERS
SHALL  COMPLY  WITH OFFICE OF COURT ADMINISTRATOR TRANSCRIPT FORMATS AND
BE GOVERNED BY COURT REPORTER TRANSCRIPT  FEES  AS  PROMULGATED  BY  THE
OFFICE  OF  COURT  ADMINISTRATION.  NO MINIMUM FEES SHALL BE CHARGED FOR
SAID TRANSCRIPTS.
  2. THE FOLLOWING COURTS SHALL  BE  PROHIBITED  FROM  USING  MECHANICAL
RECORDING OF TESTIMONY AND PROCEEDINGS:
  (A) NEW YORK CITY SUPREME COURTS CIVIL TERM;
  (B) NEW YORK CITY SUPREME COURTS CRIMINAL TERM;
  (C) NEW YORK STATE SUPREME COURTS OUTSIDE THE CITY OF NEW YORK;
  (D) NEW YORK COUNTY COURTS;
  (E) COURT OF CLAIMS;
  (F) NEW YORK STATE DISTRICT COURTS, CRIMINAL AND CIVIL JURY TRIALS;
  (G) NEW YORK STATE FAMILY COURTS;
  (H) NEW YORK CITY CIVIL AND CRIMINAL COURTS;
  (I) CITY COURTS OUTSIDE THE CITY OF NEW YORK;
  (J) SURROGATE COURTS, HEARING AND TRIAL PARTS.
  3. IN THE EVENT THERE ARE NO TRANSFER OR REASSIGNMENT REQUESTS, AND NO
VIABLE ELIGIBLE LIST OF STENOTYPE COURT REPORTERS FROM WHICH TO CANVASS,
THEN  AN EMPLOYMENT ANNOUNCEMENT SHALL BE ISSUED TO FILL THE POSITION ON
A PROVISIONAL OR PER DIEM BASIS.  ONLY  THEN,  WHEN  SUCH  REMEDIES  ARE

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

                                                           LBD14754-02-4

S. 7168                             2

EXHAUSTED AND NO STENOTYPE COURT REPORTERS ARE AVAILABLE, MAY MECHANICAL
RECORDING OF TESTIMONY AND PROCEEDINGS BE USED.
  4.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL SUBMIT A REPORT TO THE
LEGISLATURE NO LATER THAN MARCH THIRTY-FIRST, TWO THOUSAND  FIFTEEN  AND
ANNUALLY  THEREAFTER.  SUCH  ANNUAL  REPORT  TO  THE  LEGISLATURE  SHALL
INCLUDE: THE TYPES  OF  TRIAL  COURT  PROCEEDINGS  IN  WHICH  MECHANICAL
RECORDING  IS  USED THROUGHOUT THE UNIFIED COURT SYSTEM; AN AUDIT OF ALL
ELECTRONIC RECORDING TRANSCRIBERS; AND ALL PURCHASES AND LEASES OF ELEC-
TRONIC RECORDING EQUIPMENT THAT SHALL BE USED  TO  RECORD  ALL  JUDICIAL
PROCEEDINGS.
  S 2. This act shall take effect immediately.