NY State Senate Bill 2019-S8426

Archive: Last Bill Status - In Senate Committee Rules 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2020	referred to rules

2019-S8426 (ACTIVE) - Details

See Assembly Version of this Bill:: A10527
Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §180.65, CP L (as proposed in S.8414 & A.10493)

2019-S8426 (ACTIVE) - Summary

Relates to hearings conducted on a felony complaint during a state disaster emergency.

2019-S8426 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8426             Revised 5//28/2020

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to hearings
conducted on a felony complaint during a state disaster emergency

 
PURPOSE:

To make technical changes to S.8414, which concerns audio-visual appear-
ances for certain hearings on felony complaints during the COVID-19
state disaster emergency

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying legislation which authorizes the
audio-visual appearance of any party or witness at such a hearing, held
pursuant to Article 180 of the Criminal Procedure Law, where the court
finds that due to the person's circumstances and such disaster emergency
a personal appearance by such party or witness would be an unreasonable

hardship to such person or witness. The parties need only to communicate
such hardship to the Court for this finding to be made. This bill does
not require a separate hearing to determine if an unreasonable hardship
exists.

Section 1 adds additional phrases to confirm that the request for audi-
ovisual proceedings of this type may be made on motion of the parties, a
witness or the court, that among the factors to be considered is whether
personal appearance would create an unreasonable health risk to the
public, court staff or any other person involved in the proceeding, and
that a copy of any recorded appearance shall be provided to the parties.

Section two provides the effective date.

 
JUSTIFICATION:

These changes will best assure that the legislation to authorize such
appearances is effective to accomplish its purpose.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None, except the minimal cost of providing a copy of recordings to the
parties.

 
EFFECTIVE DATE:
The bill would take effect in thirty days and would expire and be deemed
repealed on April 30, 2021.

2019-S8426 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8426
 
                             I N  S E N A T E
 
                               May 28, 2020
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  hearings
   conducted on a felony complaint during a state disaster emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 180.65 of the criminal procedure law, as added by a
 chapter of the laws of 2020, amending the criminal procedure law  relat-
 ing to conducting hearings on a felony complaint during a state disaster
 emergency,  as  proposed  in  legislative  bills  numbers S. 8414 and A.
 10493, is amended to read as follows:
 § 180.65 Hearing upon  felony  complaint;  emergency  provision   during
             disaster emergency.
   During  the  period  of  the  COVID-19  state  disaster  emergency, as
 declared pursuant to executive order number two hundred two of two thou-
 sand twenty and extensions thereof and article two-B  of  the  executive
 law, the following additional provisions shall apply to the conduct of a
 hearing on a felony complaint pursuant to this article:
   1.  The appearance of any party and any witness at such hearing may be
 by electronic appearance through an independent audio-visual system,  as
 such  terms are defined in section 182.10 of this title, where the court
 finds UPON ITS OWN MOTION after hearing from the parties  and  any  such
 witness,  either  in person or by electronic appearance, that due to the
 person's circumstances and such disaster emergency a personal appearance
 by such party or witness would  be  an  unreasonable  hardship  to  such
 person  or  witness OR CREATE AN UNREASONABLE HEALTH RISK TO THE PUBLIC,
 COURT STAFF OR ANYONE ELSE INVOLVED IN THE PROCEEDING.
   2. At any such hearing on the felony complaint, the judge must be able
 to hear and see the image of each witness clearly [though]  THROUGH  the
 independent audio-visual system and such sound and visual image shall be
 similar  to  the  sound  and  image  the judge would hear and see if the
 witness were present together with the judge testifying  in  the  court-
 room.  Documents, photographs and the like offered at the hearing may be
 exchanged  among  the  parties by electronic means. A stenographic tran-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16470-07-0

 S. 8426                             2
 
 scription or appropriate audio recording of  the  proceedings  shall  be
 maintained,  and  the  live testimony received by electronic appearance,
 and other electronic  appearances  where  practicable,  shall  be  video
 recorded  BY  THE  COURT,  AND  A  COPY  PROVIDED  TO THE PEOPLE AND THE
 DEFENSE.
   3. The authority for an electronic appearance pursuant to this section
 shall be considered sufficient means to enable the court  to  conduct  a
 hearing  on  a  felony complaint within the meaning of section 180.80 of
 this article.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2020, amending the criminal procedure
 law relating to conducting hearings on a felony complaint during a state
 disaster emergency, as proposed in legislative bills numbers S. 8414 and
 A.  10493,  takes effect, provided, however, that the amendments made to
 section 180.65 of the criminal procedure law made by section one of this
 act shall not affect the repeal of such  section  and  shall  be  deemed
 repealed therewith.

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Senate Bill S8426

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S8426 (ACTIVE) - Details

2019-S8426 (ACTIVE) - Summary

2019-S8426 (ACTIVE) - Sponsor Memo

2019-S8426 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S8426 (ACTIVE) - Details

2019-S8426 (ACTIVE) - Summary

2019-S8426 (ACTIVE) - Sponsor Memo

2019-S8426 (ACTIVE) - Bill Text download pdf

Comments