S T A T E O F N E W Y O R K
________________________________________________________________________
4581
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
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Introduced by M. of A. BLANKENBUSH, SEPULVEDA, MONTESANO, D'URSO -- 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 Article 185 of the criminal procedure law is REPEALED and a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.
§ 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.
LBD05938-01-7
A. 4581 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.
§ 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.
§ 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.
§ 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.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.