senate Bill S7168

2013-2014 Legislative Session

Provides that the chief administrator of the courts may direct the use of mechanical recording of testimony

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Archive: Last Bill Status - Passed Senate


  • 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, 2014 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1614
committee discharged and committed to rules
May 01, 2014 referred to judiciary

Votes

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S7168 - Bill Details

See Assembly Version of this Bill:
A9753
Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Add ยง290-a, Judy L

S7168 - Bill Texts

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Provides that the chief administrator of the courts may direct the use of mechanical recording of testimony.

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BILL NUMBER:S7168

TITLE OF BILL: An act to amend the judiciary law, in relation to
mechanical recording of testimony and proceedings

PURPOSE:

Provides that the Chief Administrator of the Courts may direct the use
of mechanical recording of testimony and proceedings in only certain
courts.

SUMMARY OF PROVISIONS:

Section 1 - This bill permits the Chief Administrator of the Courts to
direct the use of mechanical recording of testimony and of other
proceedings in the courts of this State, in lieu of the taking of
stenographic notes. However, it specifically prohibits the following
courts from using mechanical recording of testimony: a) NYC Supreme
Courts Civil Term; b) NYC Supreme Courts Criminal Term; c) NYS Supreme
Courts outside the City of New York; d) New York County Courts; e) NYS
District Courts, criminal and civil jury trials; f) NYS Family Courts,
delinquency cases; g) NYC Civil and Criminal Courts; h) City Courts
outside the City of New York; and i) Surrogate Courts, hearing and
trial parts.

The bill further provides that in the event there are no transfer or
reassignment requests, and no viable eligible list of stenotype court
reporters from which to canvas, then an employment announcement shall
be issued to fill the position on a provisional or per diem basis.
Only then, when such remedies are exhausted and no stenotype court
reporters are available, may mechanical recording of testimony be
used.

Lastly the bill requires the Chief Administrator of the Courts to
report to the Legislature by March 31, 2015 and annually thereafter as
to the usage of mechanical recording in the courts during the prior
year.

Section 2 - Establishes the effective date

JUSTIFICATION:

On June 30, 1999, legislative authorization permitting limited
electronic recording in New York State expired. Since then the Office
of Court Administration had administratively authorized mechanical
recording without legislative authority.

At least one court (In the Matter of Shanel P., A Person Alleged to be
a Juvenile Delinquent, Respondent) has so held). It is necessary for
the legislature to determine which courts should have the authority to
mechanically record testimony and proceedings.

This legislation is proposed to give the Courts limited authority to
mechanically record. The authority is limited to ensure the accuracy
of court records for the benefit of the litigants, the courts and the
public at large. An accurate record of what occurs in a court
proceeding is essential to achieving the goal of a just and fair


result. The preparation of an accurate record supports the integrity
of the process and leads to greater confidence by the public in the
court system.

LEGISLATIVE HISTORY:

2009-10 S.2046
2007-08 S.7995A

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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                    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.

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