The New York State Senate

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

                                  4934

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. CAHILL,
  GALEF, QUART, WRIGHT -- read once and referred  to  the  Committee  on
  Judiciary

AN  ACT  to  amend  the  judiciary  law,  in  relation  to  audio-visual
  recordings in the courtroom; to repeal section 218 of such law  relat-
  ing  thereto;  and  providing  for  the repeal of such provisions upon
  expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  218  of  the judiciary law is REPEALED and a new
section 218 is added to read as follows:
  § 218. AUDIO-VISUAL COVERAGE  OF  JUDICIAL  PROCEEDINGS.  1.  AUTHORI-
ZATION.    NOTWITHSTANDING  THE  PROVISIONS  OF SECTION FIFTY-TWO OF THE
CIVIL RIGHTS LAW AND SUBJECT TO THE  PROVISIONS  OF  THIS  SECTION,  THE
CHIEF JUDGE OF THE COURT OF APPEALS OR HIS OR HER DESIGNEE MAY AUTHORIZE
AN  EXPERIMENTAL  PROGRAM  IN  WHICH  PRESIDING  TRIAL  JUDGES, IN THEIR
DISCRETION, MAY PERMIT AUDIO-VISUAL COVERAGE OF CIVIL AND CRIMINAL COURT
PROCEEDINGS, INCLUDING TRIALS.
  2. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
  (A) "ADMINISTRATIVE JUDGE" SHALL MEAN THE ADMINISTRATIVE JUDGE OF EACH
JUDICIAL DISTRICT; THE ADMINISTRATIVE  JUDGE  OF  NASSAU  COUNTY  OR  OF
SUFFOLK  COUNTY; THE ADMINISTRATIVE JUDGE OF THE CIVIL COURT OF THE CITY
OF NEW YORK OR OF THE CRIMINAL COURT OF THE CITY OF  NEW  YORK;  OR  THE
PRESIDING JUDGE OF THE COURT OF CLAIMS.
  (B)  "AUDIO-VISUAL COVERAGE" SHALL MEAN THE ELECTRONIC BROADCASTING OR
OTHER TRANSMISSION TO THE PUBLIC OF RADIO OR TELEVISION SIGNALS FROM THE
COURTROOM, THE RECORDING OF SOUND OR LIGHT IN THE  COURTROOM  FOR  LATER
TRANSMISSION  OR REPRODUCTION, OR THE TAKING OF STILL OR MOTION PICTURES
IN THE COURTROOM BY THE NEWS MEDIA.
  (C) "NEWS MEDIA" SHALL MEAN ANY NEWS REPORTING OR NEWS GATHERING AGEN-
CY AND ANY EMPLOYEE OR AGENT  ASSOCIATED  WITH  SUCH  AGENCY,  INCLUDING

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

                                                           LBD09078-01-7

A. 4934                             2

TELEVISION, RADIO, RADIO AND TELEVISION NETWORKS, NEWS SERVICES, NEWSPA-
PERS, MAGAZINES, TRADE PAPERS, IN-HOUSE PUBLICATIONS, PROFESSIONAL JOUR-
NALS  OR ANY OTHER NEWS REPORTING OR NEWS GATHERING AGENCY, THE FUNCTION
OF WHICH IS TO INFORM THE PUBLIC, OR SOME SEGMENT THEREOF.
  (D)  "PRESIDING TRIAL JUDGE" SHALL MEAN THE JUSTICE OR JUDGE PRESIDING
OVER PROCEEDINGS AT WHICH AUDIO-VISUAL COVERAGE IS  AUTHORIZED  PURSUANT
TO THIS SECTION.
  (E)  "COVERT OR UNDERCOVER CAPACITY" SHALL MEAN LAW ENFORCEMENT ACTIV-
ITY INVOLVING CRIMINAL INVESTIGATION BY PEACE  OR  POLICE  OFFICERS  WHO
USUALLY  AND  CUSTOMARILY WEAR NO UNIFORM, BADGE OR OTHER OFFICIAL IDEN-
TIFICATION IN PUBLIC VIEW.
  (F) "ARRAIGNMENT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS  DEFINED
IN SUBDIVISION NINE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  (G) "SUPPRESSION HEARING" SHALL MEAN A HEARING ON A MOTION MADE PURSU-
ANT TO THE PROVISIONS OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW; A
HEARING  ON  A MOTION TO DETERMINE THE ADMISSIBILITY OF ANY PRIOR CRIMI-
NAL, VICIOUS OR IMMORAL ACTS OF A DEFENDANT AND ANY OTHER  HEARING  HELD
TO DETERMINE THE ADMISSIBILITY OF EVIDENCE.
  (H)  "NONPARTY  WITNESS"  SHALL  MEAN  ANY WITNESS IN A CRIMINAL TRIAL
PROCEEDING WHO IS NOT A PARTY TO SUCH PROCEEDING; EXCEPT  AN  EXPERT  OR
PROFESSIONAL  WITNESS, A PEACE OR POLICE OFFICER WHO ACTED IN THE COURSE
OF HIS OR HER DUTIES AND WAS NOT ACTING IN A COVERT OR UNDERCOVER CAPAC-
ITY IN CONNECTION WITH THE INSTANT COURT PROCEEDING, OR  ANY  GOVERNMENT
OFFICIAL  ACTING  IN  AN  OFFICIAL CAPACITY, SHALL NOT BE DEEMED TO BE A
"NONPARTY WITNESS".
  (I) "VISUALLY OBSCURED" SHALL MEAN THAT THE FACE OF A PARTICIPANT IN A
CRIMINAL TRIAL PROCEEDING SHALL EITHER NOT BE SHOWN OR SHALL BE RENDERED
VISUALLY UNRECOGNIZABLE TO THE VIEWER OF SUCH  PROCEEDING  BY  MEANS  OF
SPECIAL EDITING BY THE NEWS MEDIA.
  3.  REQUESTS  FOR COVERAGE OF PROCEEDINGS; ADMINISTRATIVE REVIEW.  (A)
PRIOR TO THE COMMENCEMENT OF THE PROCEEDINGS, ANY NEWS MEDIA  INTERESTED
IN  PROVIDING  AUDIO-VISUAL  COVERAGE  OF COURT PROCEEDINGS SHALL FILE A
REQUEST WITH THE PRESIDING TRIAL JUDGE, IF ASSIGNED, OR IF NO ASSIGNMENT
HAS BEEN MADE, TO THE JUDGE  RESPONSIBLE  FOR  MAKING  SUCH  ASSIGNMENT.
REQUESTS FOR AUDIO-VISUAL COVERAGE SHALL BE MADE IN WRITING AND NOT LESS
THAN  SEVEN DAYS BEFORE THE COMMENCEMENT OF THE JUDICIAL PROCEEDING, AND
SHALL REFER TO THE INDIVIDUAL PROCEEDING WITH SUFFICIENT  IDENTIFICATION
TO  ASSIST  THE  PRESIDING TRIAL JUDGE IN CONSIDERING THE REQUEST. WHERE
CIRCUMSTANCES ARE SUCH THAT AN APPLICANT CANNOT REASONABLY  APPLY  SEVEN
OR  MORE  DAYS  BEFORE THE COMMENCEMENT OF THE PROCEEDING, THE PRESIDING
TRIAL JUDGE MAY SHORTEN THE TIME PERIOD FOR REQUESTS.
  (B) PERMISSION FOR NEWS MEDIA COVERAGE SHALL BE AT THE  DISCRETION  OF
THE  PRESIDING  TRIAL  JUDGE. AN ORDER GRANTING OR DENYING A REQUEST FOR
AUDIO-VISUAL COVERAGE OF A PROCEEDING SHALL BE IN WRITING AND  SHALL  BE
INCLUDED  IN THE RECORD OF SUCH PROCEEDING. SUCH ORDER SHALL CONTAIN ANY
RESTRICTIONS IMPOSED BY THE JUDGE ON THE AUDIO-VISUAL COVERAGE AND SHALL
CONTAIN A STATEMENT ADVISING THE PARTIES THAT ANY VIOLATION OF THE ORDER
IS PUNISHABLE BY CONTEMPT PURSUANT TO ARTICLE NINETEEN OF THIS  CHAPTER.
SUCH  ORDER  FOR  INITIAL  ACCESS SHALL BE SUBJECT ONLY TO REVIEW BY THE
APPROPRIATE ADMINISTRATIVE JUDGE; THERE SHALL  BE  NO  FURTHER  JUDICIAL
REVIEW  OF  SUCH  ORDER  OR  DETERMINATION  DURING  THE PENDENCY OF SUCH
PROCEEDING BEFORE SUCH  TRIAL  JUDGE.  NO  ORDER  ALLOWING  AUDIO-VISUAL
COVERAGE OF A PROCEEDING SHALL BE SEALED.
  (C)  SUBJECT  TO  THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION,
UPON A REQUEST FOR  AUDIO-VISUAL  COVERAGE  OF  COURT  PROCEEDINGS,  THE
PRESIDING TRIAL JUDGE SHALL, AT A MINIMUM, TAKE INTO ACCOUNT THE FOLLOW-

A. 4934                             3

ING  FACTORS:  (I) THE TYPE OF CASE INVOLVED; (II) WHETHER SUCH COVERAGE
WOULD CAUSE HARM TO ANY PARTICIPANT IN THE CASE OR  OTHERWISE  INTERFERE
WITH THE FAIR ADMINISTRATION OF JUSTICE, THE ADVANCEMENT OF A FAIR TRIAL
OR  THE  RIGHTS  OF  THE  PARTIES; (III) WHETHER ANY ORDER DIRECTING THE
EXCLUSION OF WITNESSES FROM THE COURTROOM PRIOR TO THEIR TESTIMONY COULD
BE RENDERED SUBSTANTIALLY INEFFECTIVE BY ALLOWING AUDIO-VISUAL  COVERAGE
THAT  COULD  BE  VIEWED BY SUCH WITNESSES TO THE DETRIMENT OF ANY PARTY;
(IV) WHETHER SUCH COVERAGE WOULD  INTERFERE  WITH  ANY  LAW  ENFORCEMENT
ACTIVITY;  OR (V) WHETHER THE SUBJECT MATTER INVOLVES LEWD OR SCANDALOUS
MATTERS.
  (D) A REQUEST FOR AUDIO-VISUAL COVERAGE MADE AFTER THE COMMENCEMENT OF
A TRIAL PROCEEDING IN WHICH A JURY  IS  SITTING  SHALL  NOT  BE  GRANTED
UNLESS  (I)  COUNSEL  FOR  ALL PARTIES TO THE PROCEEDING CONSENT TO SUCH
COVERAGE, OR (II) THE REQUEST IS FOR  COVERAGE  OF  THE  VERDICT  AND/OR
SENTENCING IN SUCH PROCEEDING.
  4.  SUPERVISION  OF  AUDIO-VISUAL COVERAGE; MANDATORY PRETRIAL CONFER-
ENCE; JUDICIAL  DISCRETION.    (A)  AUDIO-VISUAL  COVERAGE  OF  A  COURT
PROCEEDING  SHALL  BE  SUBJECT TO THE SUPERVISION OF THE PRESIDING TRIAL
JUDGE. IN SUPERVISING AUDIO-VISUAL COVERAGE  OF  COURT  PROCEEDINGS,  IN
PARTICULAR  ANY  WHICH  INVOLVE  LEWD OR SCANDALOUS MATTERS, A PRESIDING
TRIAL JUDGE SHALL, WHERE NECESSARY FOR THE PROTECTION OF ANY PARTICIPANT
OR TO PRESERVE THE WELFARE OF A MINOR, PROHIBIT ALL OR ANY PART  OF  THE
AUDIO-VISUAL COVERAGE OF SUCH PARTICIPANT, MINOR OR EXHIBIT.
  (B)  A  PRETRIAL CONFERENCE SHALL BE HELD IN EACH CASE IN WHICH AUDIO-
VISUAL COVERAGE OF A PROCEEDING HAS BEEN APPROVED.  AT  SUCH  CONFERENCE
THE  PRESIDING TRIAL JUDGE SHALL REVIEW, WITH COUNSEL AND THE NEWS MEDIA
WHO WILL PARTICIPATE IN THE AUDIO-VISUAL COVERAGE, THE  RESTRICTIONS  TO
BE  IMPOSED.  COUNSEL SHALL CONVEY TO THE COURT ANY CONCERNS OF PROSPEC-
TIVE WITNESSES WITH RESPECT TO AUDIO-VISUAL COVERAGE.
  (C) THERE SHALL BE NO LIMITATION ON THE EXERCISE OF  DISCRETION  UNDER
THIS  SUBDIVISION  EXCEPT  AS PROVIDED BY LAW. THE PRESIDING TRIAL JUDGE
MAY AT ANY TIME MODIFY OR REVERSE ANY PRIOR ORDER OR DETERMINATION.
  5. CONSENT. (A) AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS,  EXCEPT
FOR  ARRAIGNMENTS  AND SUPPRESSION HEARINGS, SHALL NOT BE LIMITED BY THE
OBJECTION OF COUNSEL, PARTIES, OR JURORS, EXCEPT FOR A  FINDING  BY  THE
PRESIDING TRIAL JUDGE OF GOOD OR LEGAL CAUSE.
  (B)  AUDIO-VISUAL  COVERAGE  OF  ARRAIGNMENTS AND SUPPRESSION HEARINGS
SHALL BE PERMITTED ONLY WITH THE CONSENT OF ALL PARTIES TO THE  PROCEED-
ING;  PROVIDED, HOWEVER, WHERE A PARTY IS NOT YET REPRESENTED BY COUNSEL
CONSENT MAY NOT BE GIVEN UNLESS THE PARTY HAS BEEN ADVISED OF HIS OR HER
RIGHT TO THE AID OF COUNSEL PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
170.10 OR SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW AND THE PARTY HAS
AFFIRMATIVELY ELECTED TO PROCEED WITHOUT COUNSEL AT SUCH PROCEEDING.
  (C)  COUNSEL TO EACH PARTY IN A CRIMINAL TRIAL PROCEEDING SHALL ADVISE
EACH NONPARTY WITNESS THAT HE OR SHE HAS THE RIGHT TO REQUEST  THAT  HIS
OR  HER  IMAGE  BE VISUALLY OBSCURED DURING SAID WITNESS' TESTIMONY, AND
UPON SUCH REQUEST THE PRESIDING TRIAL JUDGE SHALL ORDER THE  NEWS  MEDIA
TO VISUALLY OBSCURE THE VISUAL IMAGE OF THE WITNESS IN ANY AND ALL AUDI-
O-VISUAL COVERAGE OF THE JUDICIAL PROCEEDING.
  6.  RESTRICTIONS  RELATING TO EQUIPMENT AND PERSONNEL; SOUND AND LIGHT
CRITERIA. WHERE AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS IS AUTHORIZED
PURSUANT TO THIS SECTION, THE FOLLOWING RESTRICTIONS SHALL BE OBSERVED:
  (A) EQUIPMENT AND PERSONNEL:
  (I) NO MORE THAN TWO ELECTRONIC OR  MOTION  PICTURE  CAMERAS  AND  TWO
CAMERA OPERATORS SHALL BE PERMITTED IN ANY PROCEEDING.

A. 4934                             4

  (II)  NO  MORE THAN ONE PHOTOGRAPHER TO OPERATE TWO STILL CAMERAS WITH
NOT MORE THAN TWO LENSES FOR EACH  CAMERA  SHALL  BE  PERMITTED  IN  ANY
PROCEEDING.
  (III)  NO  MORE  THAN ONE AUDIO SYSTEM FOR BROADCAST PURPOSES SHALL BE
PERMITTED IN ANY PROCEEDING. AUDIO PICKUP FOR ALL MEDIA  PURPOSES  SHALL
BE  EFFECTUATED THROUGH EXISTING AUDIO SYSTEMS IN THE COURT FACILITY. IF
NO TECHNICALLY SUITABLE  AUDIO  SYSTEM  IS  AVAILABLE,  MICROPHONES  AND
RELATED  WIRING  ESSENTIAL FOR MEDIA PURPOSES SHALL BE SUPPLIED BY THOSE
PERSONS PROVIDING  AUDIO-VISUAL  COVERAGE.  ANY  MICROPHONES  AND  SOUND
WIRING  SHALL  BE  UNOBTRUSIVE  AND  LOCATED IN PLACES DESIGNATED BY THE
PRESIDING TRIAL JUDGE.
  (IV) NOTWITHSTANDING THE PROVISIONS OF  SUBPARAGRAPHS  (I),  (II)  AND
(III) OF THIS PARAGRAPH, THE PRESIDING TRIAL JUDGE MAY MODIFY HIS OR HER
ORIGINAL ORDER TO INCREASE OR DECREASE THE AMOUNT OF EQUIPMENT THAT WILL
BE  PERMITTED  INTO A COURTROOM ON A FINDING OF SPECIAL CIRCUMSTANCES SO
LONG AS IT WILL NOT IMPAIR THE DIGNITY OF  THE  COURT  OR  THE  JUDICIAL
PROCESS.
  (V)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBPARAGRAPHS (I), (II) AND
(III) OF THIS PARAGRAPH, THE EQUIPMENT AUTHORIZED THEREIN SHALL  NOT  BE
ADMITTED  INTO  A  COURT  PROCEEDING  UNLESS  ALL  PERSONS INTERESTED IN
PROVIDING AUDIO-VISUAL COVERAGE OF SUCH PROCEEDINGS SHALL  HAVE  ENTERED
INTO  POOLING  ARRANGEMENTS FOR THEIR RESPECTIVE GROUPS.  FURTHERMORE, A
POOL OPERATOR FOR THE ELECTRONIC AND MOTION PICTURE  MEDIA  AND  A  POOL
OPERATOR  FOR  THE STILL PHOTOGRAPHY MEDIA SHALL BE SELECTED, AND PROCE-
DURES FOR COST SHARING AND DISSEMINATION OF AUDIO-VISUAL MATERIAL ESTAB-
LISHED. THE COURT SHALL NOT BE CALLED UPON TO  MEDIATE  OR  RESOLVE  ANY
DISPUTE AS TO SUCH ARRANGEMENTS. IN MAKING POOLING ARRANGEMENTS, CONSID-
ERATION  SHALL BE GIVEN TO EDUCATIONAL USERS' NEEDS FOR FULL COVERAGE OF
ENTIRE PROCEEDINGS.
  (B) SOUND AND LIGHT CRITERIA:
  (I) ONLY ELECTRONIC AND MOTION PICTURE CAMERAS,  AUDIO  EQUIPMENT  AND
STILL  CAMERA  EQUIPMENT WHICH DO NOT PRODUCE DISTRACTING SOUND OR LIGHT
SHALL BE EMPLOYED TO COVER JUDICIAL PROCEEDINGS. THE CHIEF ADMINISTRATOR
OF THE COURTS SHALL PROMULGATE A LIST OF ACCEPTABLE EQUIPMENT MODELS.
  (II) NO MOTORIZED DRIVES SHALL BE PERMITTED,  AND  NO  MOVING  LIGHTS,
FLASH  ATTACHMENTS, OR SUDDEN LIGHTING CHANGES SHALL BE PERMITTED DURING
JUDICIAL PROCEEDINGS.
  (III) NO LIGHT OR SIGNAL VISIBLE  OR  AUDIBLE  TO  TRIAL  PARTICIPANTS
SHALL  BE USED ON ANY EQUIPMENT DURING AUDIO-VISUAL COVERAGE TO INDICATE
WHETHER IT IS OPERATING.
  (IV) IT SHALL BE THE AFFIRMATIVE DUTY OF ANY PERSON  DESIRING  TO  USE
EQUIPMENT  OTHER  THAN  THAT  AUTHORIZED  BY  THE CHIEF ADMINISTRATOR TO
DEMONSTRATE TO THE PRESIDING TRIAL JUDGE, ADEQUATELY IN ADVANCE  OF  ANY
PROCEEDING,  THAT  THE  EQUIPMENT SOUGHT TO BE UTILIZED MEETS ACCEPTABLE
SOUND AND LIGHT CRITERIA. A FAILURE TO OBTAIN ADVANCE JUDICIAL  APPROVAL
FOR EQUIPMENT SHALL PRECLUDE ITS USE IN ANY PROCEEDING.
  (V)  WITH  THE  CONCURRENCE OF THE PRESIDING TRIAL JUDGE MODIFICATIONS
AND ADDITIONS MAY BE MADE TO LIGHT SOURCES  EXISTING  IN  THE  FACILITY,
PROVIDED SUCH MODIFICATIONS OR ADDITIONS ARE INSTALLED AND MAINTAINED AT
THE  EXPENSE  OF  THE NEWS MEDIA WHO ARE PROVIDING AUDIO-VISUAL COVERAGE
AND PROVIDED THEY ARE NOT DISTRACTING OR OTHERWISE OFFENSIVE.
  (C) LOCATION  OF  EQUIPMENT  AND  PERSONNEL.  CAMERAS,  EQUIPMENT  AND
PERSONNEL  SHALL  BE POSITIONED IN LOCATIONS DESIGNATED BY THE PRESIDING
TRIAL JUDGE.
  (I) ALL AUDIO-VISUAL COVERAGE OPERATORS SHALL ASSUME  THEIR  ASSIGNED,
FIXED  POSITION  WITHIN THE DESIGNATED AREA AND ONCE ESTABLISHED IN SUCH

A. 4934                             5

POSITION, SHALL ACT IN A MANNER SO AS NOT TO  CALL  ATTENTION  TO  THEIR
ACTIVITIES.
  (II) THE AREAS SO DESIGNATED SHALL PROVIDE REASONABLE ACCESS TO COVER-
AGE  WITH THE LEAST POSSIBLE INTERFERENCE WITH COURT PROCEEDINGS. EQUIP-
MENT THAT IS NOT NECESSARY FOR AUDIO-VISUAL  COVERAGE  FROM  INSIDE  THE
COURTROOM SHALL BE LOCATED IN AN AREA OUTSIDE THE COURTROOM.
  (D)  MOVEMENT  OF EQUIPMENT DURING PROCEEDINGS. EQUIPMENT SHALL NOT BE
PLACED IN, MOVED ABOUT  OR  REMOVED  FROM  THE  COURTROOM,  AND  RELATED
PERSONNEL  SHALL NOT MOVE ABOUT THE COURTROOM, EXCEPT PRIOR TO COMMENCE-
MENT OR AFTER ADJOURNMENT OF PROCEEDINGS EACH DAY, OR DURING  A  RECESS.
CAMERA  FILM  AND  LENSES  SHALL  BE  CHANGED  ONLY  DURING  A RECESS IN
PROCEEDINGS.
  7. RESTRICTIONS ON AUDIO-VISUAL COVERAGE. NOTWITHSTANDING THE  INITIAL
APPROVAL OF A REQUEST FOR AUDIO-VISUAL COVERAGE OF ANY COURT PROCEEDING,
THE  PRESIDING TRIAL JUDGE SHALL HAVE DISCRETION THROUGHOUT THE PROCEED-
ING TO REVOKE SUCH APPROVAL OR LIMIT SUCH COVERAGE, AND MAY WHERE APPRO-
PRIATE EXERCISE SUCH DISCRETION TO LIMIT, RESTRICT OR PROHIBIT AUDIO  OR
VIDEO  BROADCAST  OR  PHOTOGRAPHY  OF  ANY PART OF THE PROCEEDING IN THE
COURTROOM, OR OF THE NAME OR FEATURES OF ANY PARTICIPANT THEREIN. IN ANY
CASE, AUDIO-VISUAL COVERAGE SHALL BE LIMITED AS FOLLOWS:
  (A) NO AUDIO PICKUP OR AUDIO BROADCAST OF CONFERENCES WHICH OCCUR IN A
COURT FACILITY BETWEEN ATTORNEYS AND THEIR CLIENTS,  BETWEEN  CO-COUNSEL
OF  A CLIENT, OR BETWEEN COUNSEL AND THE PRESIDING TRIAL JUDGE, SHALL BE
PERMITTED WITHOUT THE PRIOR EXPRESS CONSENT OF ALL PARTICIPANTS  IN  THE
CONFERENCE;
  (B)  NO CONFERENCE IN CHAMBERS SHALL BE SUBJECT TO AUDIO-VISUAL COVER-
AGE;
  (C) NO AUDIO-VISUAL COVERAGE OF THE SELECTION OF THE PROSPECTIVE  JURY
DURING VOIR DIRE SHALL BE PERMITTED;
  (D) NO AUDIO-VISUAL COVERAGE OF THE JURY, OR OF ANY JUROR OR ALTERNATE
JUROR, WHILE IN THE JURY BOX, IN THE COURTROOM, IN THE JURY DELIBERATION
ROOM  DURING  RECESS, OR WHILE GOING TO OR FROM THE DELIBERATION ROOM AT
ANY TIME SHALL BE PERMITTED; PROVIDED, HOWEVER, THAT,  UPON  CONSENT  OF
THE  FOREPERSON  OF A JURY, THE PRESIDING TRIAL JUDGE MAY, IN HIS OR HER
DISCRETION, PERMIT  AUDIO  COVERAGE  OF  SUCH  FOREPERSON  DELIVERING  A
VERDICT;
  (E) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
PEACE  OR  POLICE  OFFICER  ACTED  IN A COVERT OR UNDERCOVER CAPACITY IN
CONNECTION WITH THE INSTANT COURT PROCEEDING, WITHOUT THE PRIOR  WRITTEN
CONSENT OF SUCH WITNESS;
  (F) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
PEACE  OR  POLICE OFFICER IS CURRENTLY ENGAGED IN A COVERT OR UNDERCOVER
CAPACITY, WITHOUT THE PRIOR WRITTEN CONSENT OF SUCH WITNESS;
  (G) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF  THE  VICTIM  IN  A
PROSECUTION  FOR  RAPE,  CRIMINAL  SEXUAL ACT, SEXUAL ABUSE OR OTHER SEX
OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25 OF THE  PENAL
LAW;  NOTWITHSTANDING THE INITIAL APPROVAL OF A REQUEST FOR AUDIO-VISUAL
COVERAGE OF SUCH A PROCEEDING, THE  PRESIDING  TRIAL  JUDGE  SHALL  HAVE
DISCRETION  THROUGHOUT  THE PROCEEDING TO LIMIT ANY COVERAGE WHICH WOULD
IDENTIFY THE VICTIM, EXCEPT THAT SAID VICTIM CAN REQUEST OF THE  PRESID-
ING  TRIAL  JUDGE  THAT AUDIO-VISUAL COVERAGE BE PERMITTED OF HIS OR HER
TESTIMONY, OR IN THE ALTERNATIVE THE VICTIM CAN REQUEST THAT COVERAGE OF
HIS OR HER TESTIMONY BE PERMITTED BUT THAT HIS OR  HER  IMAGE  SHALL  BE
VISUALLY  OBSCURED  BY  THE NEWS MEDIA, AND THE PRESIDING TRIAL JUDGE IN
HIS OR HER DISCRETION SHALL GRANT THE REQUEST  OF  THE  VICTIM  FOR  THE
COVERAGE SPECIFIED;

A. 4934                             6

  (H) NO AUDIO-VISUAL COVERAGE OF ANY ARRAIGNMENT OR SUPPRESSION HEARING
SHALL  BE  PERMITTED  WITHOUT  THE  PRIOR  CONSENT OF ALL PARTIES TO THE
PROCEEDING; PROVIDED, HOWEVER, WHERE A PARTY IS NOT YET  REPRESENTED  BY
COUNSEL  CONSENT  MAY  NOT BE GIVEN UNLESS THE PARTY HAS BEEN ADVISED OF
HIS  OR  HER RIGHT TO THE AID OF COUNSEL PURSUANT TO SUBDIVISION FOUR OF
SECTION 170.10 OR SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW  AND  THE
PARTY  HAS  AFFIRMATIVELY  ELECTED  TO  PROCEED  WITHOUT COUNSEL AT SUCH
PROCEEDING;
  (I) NO JUDICIAL PROCEEDING SHALL BE SCHEDULED, DELAYED,  REENACTED  OR
CONTINUED AT THE REQUEST OF, OR FOR THE CONVENIENCE OF THE NEWS MEDIA;
  (J)  NO AUDIO-VISUAL COVERAGE OF ANY PARTICIPANT SHALL BE PERMITTED IF
THE PRESIDING TRIAL JUDGE FINDS THAT SUCH COVERAGE IS LIABLE TO ENDANGER
THE SAFETY OF ANY PERSON;
  (K) NO AUDIO-VISUAL COVERAGE OF ANY JUDICIAL PROCEEDINGS WHICH ARE  BY
LAW CLOSED TO THE PUBLIC, OR WHICH MAY BE CLOSED TO THE PUBLIC AND WHICH
HAVE BEEN CLOSED BY THE PRESIDING TRIAL JUDGE SHALL BE PERMITTED; AND
  (L)  NO  AUDIO-VISUAL  COVERAGE SHALL BE PERMITTED WHICH FOCUSES ON OR
FEATURES A FAMILY MEMBER OF A VICTIM OR A PARTY IN THE TRIAL OF A CRIMI-
NAL CASE, EXCEPT WHILE SUCH FAMILY MEMBER  IS  TESTIFYING.  AUDIO-VISUAL
COVERAGE  OPERATORS  SHALL  MAKE ALL REASONABLE EFFORTS TO DETERMINE THE
IDENTITY OF SUCH PERSONS, SO THAT SUCH COVERAGE SHALL NOT OCCUR.
  8. VIOLATIONS. ANY VIOLATION OF AN ORDER OR DETERMINATION ISSUED UNDER
THIS SECTION SHALL BE PUNISHABLE AS A CONTEMPT PURSUANT TO ARTICLE NINE-
TEEN OF THIS CHAPTER.
  9. REVIEW COMMITTEE. (A) THERE SHALL BE CREATED A COMMITTEE TO  REVIEW
AUDIO-VISUAL  COVERAGE OF COURT PROCEEDINGS. THE COMMITTEE SHALL CONSIST
OF TWELVE MEMBERS OF WHOM:  THREE TO BE APPOINTED BY THE GOVERNOR, THREE
TO BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS,  TWO  TO  BE
APPOINTED  BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO TO BE APPOINTED
BY THE SPEAKER OF THE ASSEMBLY, ONE TO  BE  APPOINTED  BY  THE  MINORITY
LEADER  OF  THE SENATE AND ONE TO BE APPOINTED BY THE MINORITY LEADER OF
THE ASSEMBLY. THE CHAIR OF THE COMMITTEE SHALL BE APPOINTED BY THE CHIEF
JUDGE OF THE COURT OF APPEALS. AT LEAST ONE MEMBER OF THE COMMITTEE  AND
NO  MORE  THAN TWO MEMBERS OF THE COMMITTEE SHALL BE A REPRESENTATIVE OF
THE BROADCAST MEDIA, BE EMPLOYED  BY  THE  BROADCAST  MEDIA  OR  RECEIVE
COMPENSATION  FROM  THE  BROADCAST  MEDIA.  AT  LEAST TWO MEMBERS OF THE
COMMITTEE SHALL BE MEMBERS OF THE BAR, ENGAGED IN THE  PRACTICE  OF  LAW
AND  REGULARLY  CONDUCT  TRIALS AND/OR APPELLATE ARGUMENTS; AND AT LEAST
ONE MEMBER OF THE COMMITTEE SHALL BY PROFESSIONAL TRAINING AND EXPERTISE
BE QUALIFIED TO EVALUATE AND ANALYZE RESEARCH  METHODOLOGY  RELEVANT  TO
ANALYZING  THE  IMPACT  AND  EFFECT OF AUDIO-VISUAL COVERAGE OF JUDICIAL
PROCEEDINGS. NO ONE WHO HAS SERVED ON AN EARLIER  COMMITTEE  ESTABLISHED
BY  LAW  TO REVIEW AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS IN THIS
STATE MAY BE APPOINTED TO SUCH COMMITTEE. NO MEMBER OR EMPLOYEE  OF  THE
EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCHES OF THE STATE GOVERNMENT MAY
BE APPOINTED TO SUCH COMMITTEE.
  (B)  THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION FOR
THEIR SERVICES AS MEMBERS OF THE COMMITTEE,  EXCEPT  THAT  EACH  OF  THE
NONPUBLIC  MEMBERS  OF  THE  COMMITTEE  MAY BE ALLOWED THE NECESSARY AND
ACTUAL TRAVEL, MEALS AND LODGING EXPENSES WHICH HE OR SHE SHALL INCUR IN
THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS  SECTION.  ANY  EXPENSES
INCURRED  PURSUANT  TO THIS SECTION SHALL BE A CHARGE AGAINST THE OFFICE
OF COURT ADMINISTRATION.
  (C) THE COMMITTEE SHALL HAVE THE POWER,  DUTY  AND  RESPONSIBILITY  TO
EVALUATE, ANALYZE AND MONITOR THE PROVISIONS OF THIS SECTION. THE OFFICE
OF  COURT ADMINISTRATION AND ALL PARTICIPANTS IN PROCEEDINGS WHERE AUDI-

A. 4934                             7

O-VISUAL COVERAGE WAS PERMITTED, INCLUDING JUDGES, ATTORNEYS AND JURORS,
SHALL COOPERATE WITH THE COMMITTEE IN CONNECTION WITH THE REVIEW OF  THE
IMPACT OF AUDIO-VISUAL COVERAGE ON SUCH PROCEEDINGS. THE COMMITTEE SHALL
REQUEST PARTICIPATION AND ASSISTANCE FROM THE NEW YORK STATE BAR ASSOCI-
ATION  AND OTHER BAR ASSOCIATIONS. THE COMMITTEE SHALL ISSUE A REPORT TO
THE LEGISLATURE, THE GOVERNOR AND  THE  CHIEF  JUDGE  OF  THE  COURT  OF
APPEALS  EVALUATING  THE  EFFICACY OF THE PROGRAM AND WHETHER ANY PUBLIC
BENEFITS ACCRUE FROM THE PROGRAM, ANY ABUSES THAT  OCCURRED  DURING  THE
PROGRAM  AND  THE EXTENT TO WHICH AND IN WHAT WAY THE CONDUCT OF PARTIC-
IPANTS IN COURT PROCEEDINGS CHANGES WHEN AUDIO-VISUAL COVERAGE IS  PRES-
ENT. THE COMMITTEE SHALL EXPRESSLY AND SPECIFICALLY ANALYZE AND EVALUATE
THE  DEGREE  OF  COMPLIANCE  BY  TRIAL  JUDGES  AND  THE  MEDIA WITH THE
PROVISIONS OF THIS SECTION AND THE EFFECT OF  AUDIO-VISUAL  COVERAGE  ON
THE  CONDUCT OF TRIAL JUDGES BOTH INSIDE AND OUTSIDE THE COURTROOM. SUCH
REPORT SHALL BE SUBMITTED TO THE LEGISLATURE, THE GOVERNOR AND THE CHIEF
JUDGE OF THE COURT OF APPEALS  BY  JANUARY  THIRTY-FIRST,  TWO  THOUSAND
EIGHTEEN.
  10.  RULES  AND  REGULATIONS. THE CHIEF ADMINISTRATOR SHALL PROMULGATE
APPROPRIATE  RULES  AND  REGULATIONS  FOR  THE  IMPLEMENTATION  OF   THE
PROVISIONS OF THIS SECTION AFTER AFFORDING ALL INTERESTED PERSONS, AGEN-
CIES AND INSTITUTIONS AN OPPORTUNITY TO REVIEW AND COMMENT THEREON. SUCH
RULES  AND REGULATIONS SHALL INCLUDE PROVISIONS TO ENSURE THAT AUDIO-VI-
SUAL COVERAGE OF TRIAL PROCEEDINGS SHALL NOT INTERFERE WITH THE  DECORUM
AND DIGNITY OF COURTROOMS AND COURT FACILITIES.
  § 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed 5 years after such effective date.