Senate Bill S8891

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8891
 
                             I N  S E N A T E
 
                              August 10, 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  conducting
   hearings of a grand jury proceeding during a state disaster emergency;
   and providing for the repeal of such provisions upon expiration there-
   of

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
    Section 1. The criminal procedure law is  amended  by  adding  a  new
 section 190.95 to read as follows:
 § 190.95 HEARING UPON GRAND JURY PROCEEDINGS; 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 CHAPTER, WHERE THE
 COURT FINDS AFTER HEARING FROM THE PARTIES AND ANY SUCH WITNESS,  EITHER
 IN  PERSON OR BY ELECTRONIC APPEARANCE, THAT DUE TO THE PERSON'S CIRCUM-
 STANCES AND SUCH DISASTER EMERGENCY A PERSONAL APPEARANCE BY SUCH  PARTY
 OR WITNESS WOULD BE AN UNREASONABLE HARDSHIP TO SUCH PERSON OR WITNESS.
   2.  AT  ANY  SUCH HEARING, THE JURORS MUST BE ABLE TO HEAR AND SEE THE
 IMAGE OF EACH WITNESS CLEARLY THOUGH THE INDEPENDENT AUDIO-VISUAL SYSTEM
 AND SUCH SOUND AND VISUAL IMAGE SHALL BE SIMILAR TO THE SOUND AND  IMAGE
 THE  JUROR  WOULD HEAR AND SEE IF THE WITNESS WERE PRESENT TOGETHER WITH
 THE JUROR TESTIFYING IN THE COURTROOM. DOCUMENTS,  PHOTOGRAPHS  AND  THE
 LIKE  OFFERED AT THE HEARING MAY BE EXCHANGED AMONG THE PARTIES BY ELEC-
 TRONIC MEANS. A STENOGRAPHIC TRANSCRIPTION OR APPROPRIATE AUDIO  RECORD-
 ING  OF  THE  PROCEEDINGS  SHALL  BE  MAINTAINED, AND THE LIVE TESTIMONY
 RECEIVED BY ELECTRONIC  APPEARANCE,  AND  OTHER  ELECTRONIC  APPEARANCES
 WHERE PRACTICABLE, SHALL BE VIDEO RECORDED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16763-01-0

 S. 8891                             2
 
   3. THE AUTHORITY FOR AN ELECTRONIC APPEARANCE PURSUANT TO THIS SECTION
 SHALL  BE  CONSIDERED  SUFFICIENT MEANS TO ENABLE THE COURT TO CONDUCT A
 HEARING OF A GRAND JURY WITHIN THE MEANING OF  SECTION  190.30  OF  THIS
 ARTICLE.
   §  2.  Section  190.80  of  the  criminal procedure law, as amended by
 section 27-a of part WWW of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
 § 190.80 Grand  jury;  release of defendant upon failure of timely grand
            jury action.
   Upon application of a defendant who on the basis of a felony complaint
 has been held by a local criminal court for the action of a grand  jury,
 and  who,  at  the  time  of  such order or subsequent thereto, has been
 committed to the custody of the sheriff pending such grand jury  action,
 and  who  has  been  confined  in such custody for a period of more than
 forty-five days, or, in the case of a juvenile  offender  or  adolescent
 offender,  thirty  days, without the occurrence of any grand jury action
 or disposition pursuant to subdivision one,  two  or  three  of  section
 190.60  OF THIS ARTICLE, the superior court by which such grand jury was
 or is to be impaneled must release him on his own recognizance unless:
   (a) The lack of  a  grand  jury  disposition  during  such  period  of
 confinement  was due to the defendant's request, action or condition, or
 occurred with his consent; [or]
   (b) The people have shown good cause why such order of release  should
 not  be  issued. Such good cause must consist of some compelling fact or
 circumstance which precluded grand jury  action  within  the  prescribed
 period or rendered the same against the interest of justice; OR
   (C) IN THE EVENT OF A STATE DISASTER EMERGENCY, DECLARED IN ACCORDANCE
 WITH  ARTICLE  TWO-B  OF  THE EXECUTIVE LAW, ELECTRONIC APPEARANCES AT A
 HEARING OF A GRAND JURY PROCEEDING SHALL BE GOVERNED BY  SECTION  190.95
 OF THIS ARTICLE.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and  be  deemed  repealed  April  30,
 2021.