Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 09, 2016 |
referred to codes delivered to assembly passed senate |
Jun 01, 2016 |
advanced to third reading |
May 25, 2016 |
2nd report cal. |
May 24, 2016 |
1st report cal.1167 |
Mar 28, 2016 |
reported and committed to finance |
Jan 06, 2016 |
referred to codes returned to senate died in assembly |
Jun 11, 2015 |
referred to codes delivered to assembly passed senate |
Jun 10, 2015 |
ordered to third reading cal.1448 committee discharged and committed to rules |
Jun 02, 2015 |
reported and committed to finance |
Feb 02, 2015 |
referred to codes |
Senate Bill S3083
2015-2016 Legislative Session
Provides for statewide video arraignments; repealer
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: Jun 9, 2016
aye (50)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Golden
- Griffo
- Hamilton
- Hannon
- Kaminsky
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Peralta
- Persaud
- Ranzenhofer
- Ritchie
- Robach
- Savino
- Serino
- Serrano
- Seward
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (11)
-
-
-
Floor Vote: Jun 11, 2015
aye (52)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Peralta
- Ranzenhofer
- Ritchie
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
-
Jun 10, 2015 - Rules Committee Vote
S308319Aye1Nay4Aye with Reservations0Absent1Excused0Abstained-
-
Rules Committee Vote: Jun 10, 2015
aye (19)nay (1)aye wr (4)excused (1)
-
May 24, 2016 - Finance Committee Vote
S308327Aye8Nay0Aye with Reservations0Absent2Excused0AbstainedMar 28, 2016 - Codes Committee Vote
S308311Aye4Nay1Aye with Reservations0Absent0Excused0Abstained -
-
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
2015-S3083 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9264
- 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: S554, A4581
2019-2020: S1019, S4800, A5190
2021-2022: S1854, A4200
2023-2024: S4591, A1328
2015-S3083 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3083 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: Section 1: Article 185 of the Criminal Procedure Law is repealed and a new Article 185 is added. Section 2 sets forth the effective date. 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 to 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
2015-S3083 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3083 2015-2016 Regular Sessions I N S E N A T E February 2, 2015 ___________ Introduced by Sens. YOUNG, BONACIC, 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. LBD05966-01-5
S. 3083 2 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 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.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.