assembly Bill A9264

2015-2016 Legislative Session

Provides for statewide video arraignments; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2016 held for consideration in codes
Feb 10, 2016 referred to codes

A9264 (ACTIVE) - Details

See Senate Version of this Bill:
S3083
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 185 ยงยง185.10 - 185.40, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4681
2011-2012: S837
2013-2014: S2242
2017-2018: A4581, S554
2019-2020: A5190, S1019, S4800

A9264 (ACTIVE) - 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.

A9264 (ACTIVE) - Bill Text download pdf

                    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 Article 185 of the criminal procedure law is REPEALED and a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.