Senate Bill S774

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    774
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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  creating  an
   electronic  arraignment pilot program and to repeal article 185 of the
   criminal procedure law relating 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. Article 185 of the criminal procedure law is REPEALED and a
 new article 185 is added to read as follows:
               ARTICLE 185 - ALTERNATIVE METHOD OF ARRAIGNMENT
 SECTION 185.10 ELECTRONIC ARRAIGNMENT PILOT PROGRAM.
 § 185.10 ELECTRONIC ARRAIGNMENT PILOT PROGRAM.
   1. AS USED IN THIS SECTION:
   (A) "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.
   (B) "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.
   (C) "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05928-01-9

 S. 774                              2
 
   2.  THERE  IS  HEREBY  ESTABLISHED  AN  "ELECTRONIC  ARRAIGNMENT PILOT
 PROGRAM" TO BE ADMINISTERED IN THE TOWN OF COLONIE,  COUNTY  OF  ALBANY.
 PURSUANT  TO THIS PROGRAM AND NOTWITHSTANDING THE PROVISIONS OF SUBDIVI-
 SION 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 COLONIE TOWN 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 UTILIZING AN INDEPENDENT
 AUDIO-VISUAL SYSTEM.
   3. WHENEVER A PERSON IS ARRAIGNED BY MEANS OF AN  ELECTRONIC  ARRAIGN-
 MENT, THE FOLLOWING CONDITIONS AND LIMITATIONS SHALL APPLY:
   (A) THE DEFENDANT MAY NOT ENTER A PLEA OF GUILTY;
   (B)  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
   (C)  STENOGRAPHIC  RECORDING  OF  THE ARRAIGNMENT SHALL BE MADE TO THE
 SAME EXTENT AS IF IT WERE AN ORDINARY ARRAIGNMENT RATHER THAN  AN  ELEC-
 TRONIC ARRAIGNMENT.
   §  2.  This act shall take effect January 1, 2020 and shall expire and
 be deemed repealed January 1, 2022.