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

                                  9264

                          I N  A S S E M B L Y

                            February 10, 2016
                               ___________

Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred 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 Article 185 of the criminal procedure law is REPEALED and a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-
SELS, DEFENDANT, POLICE OFFICER AND ANY OTHER  APPROPRIATE  PARTICIPANT,
BY MEANS OF AN INDEPENDENT AUDIO-VISUAL SYSTEM.
  3.  "SECURE  LOCATION"  MEANS  ANY FACILITY USED BY THE STATE, COUNTY,
CITY, TOWN OR VILLAGE LAW  ENFORCEMENT  ENTITY  TO  TEMPORARILY  HOLD  A

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

                                                           LBD05966-01-5

A. 9264                             2

PERSON  NOT RELEASED ON HIS OR HER OWN RECOGNIZANCE AND GIVEN AN APPEAR-
ANCE TICKET OR SUMMONS PENDING ARRAIGNMENT ON AN ACCUSATORY INSTRUMENT.
S 185.20 ELECTRONIC ARRAIGNMENT.
  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION NINE OF SECTION 1.20,
SECTIONS 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40,  170.10
AND 180.10 OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW AS THEY PERTAIN
TO  A  DEFENDANT'S  PERSONAL APPEARANCE AT ARRAIGNMENT, THE COURT IN ITS
DISCRETION MAY DISPENSE WITH THE DEFENDANT'S PERSONAL APPEARANCE AT  THE
ARRAIGNMENT  WHENEVER  SUCH DEFENDANT IS BEING HELD AT A SECURE LOCATION
OUTSIDE THE COURT HOUSE AND CONDUCT AN ELECTRONIC ARRAIGNMENT,  PROVIDED
THAT  THE  CHIEF  ADMINISTRATOR  OF THE COURTS HAS AUTHORIZED THE USE OF
ELECTRONIC ARRAIGNMENTS FOR THE COURT, PURSUANT  TO  THE  PROVISIONS  OF
SECTION 185.40 OF THIS ARTICLE.
S 185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT.
  WHENEVER  A PERSON IS ARRAIGNED BY MEANS OF AN ELECTRONIC ARRAIGNMENT,
THE FOLLOWING CONDITIONS AND LIMITATIONS SHALL APPLY:
  1. THE DEFENDANT MAY NOT ENTER A PLEA OF GUILTY;
  2. NO ELECTRONIC RECORDING OF AN ELECTRONIC ARRAIGNMENT MAY  BE  MADE,
VIEWED  OR  INSPECTED  EXCEPT AS MAY BE AUTHORIZED BY RULES OF THE CHIEF
ADMINISTRATOR OF THE COURTS; AND
  3. STENOGRAPHIC RECORDING OF THE ARRAIGNMENT SHALL BE MADE TO THE SAME
EXTENT AS IF IT WERE AN ORDINARY ARRAIGNMENT RATHER THAN  AN  ELECTRONIC
ARRAIGNMENT.
S 185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS.
  1.  THE  APPROPRIATE  ADMINISTRATIVE  JUDGE  SHALL SUBMIT TO THE CHIEF
ADMINISTRATOR OF THE COURTS A WRITTEN PROPOSAL FOR THE USE OF ELECTRONIC
ARRAIGNMENTS FOR A PARTICULAR COURT AND THE PRECINCTS UNDER  THE  JURIS-
DICTION OF THAT COURT. IF THE CHIEF ADMINISTRATOR OF THE COURTS APPROVES
THE  PROPOSAL,  INSTALLATION  OF  AN INDEPENDENT AUDIO-VISUAL SYSTEM MAY
BEGIN.
  2. UPON COMPLETION OF THE INSTALLATION OF AN INDEPENDENT  AUDIO-VISUAL
SYSTEM, THE COMMISSION ON CABLE TELEVISION SHALL INSPECT, TEST AND EXAM-
INE  THE INDEPENDENT AUDIO-VISUAL SYSTEM AND CERTIFY TO THE CHIEF ADMIN-
ISTRATOR OF THE COURTS WHETHER THE SYSTEM COMPLIES WITH  THE  DEFINITION
OF  AN  INDEPENDENT  AUDIO-VISUAL SYSTEM AND IS TECHNICALLY SUITABLE FOR
THE CONDUCTING OF ELECTRONIC ARRAIGNMENTS AS INTENDED.
  3. THE USE BY A COURT OF AN APPROVED INDEPENDENT  AUDIO-VISUAL  SYSTEM
FOR   THE  PURPOSE  OF  AUTHORIZED  ELECTRONIC  ARRAIGNMENTS,  SHALL  BE
INSPECTED SUBJECT TO RENEWAL EVERY TWO YEARS FROM THE DATE  OF  AUTHORI-
ZATION BY THE CHIEF ADMINISTRATOR OF THE COURTS.
  4.  THE CHIEF ADMINISTRATOR OF THE COURTS MAY WITHDRAW APPROVAL OF THE
AUTHORIZATION AT ANY TIME.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.