assembly Bill A10493

Signed By Governor
2019-2020 Legislative Session

Relates to conducting hearings on a felony complaint during a state disaster emergency

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Sponsored By

Current Bill Status Via S8414 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2020 signed chap.123
Jun 05, 2020 delivered to governor
May 28, 2020 returned to senate
passed assembly
May 27, 2020 ordered to third reading rules cal.45
substituted for a10493
May 27, 2020 substituted by s8414
rules report cal.45
reported
May 26, 2020 reported referred to rules
May 22, 2020 referred to codes

Votes

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May 26, 2020 - Codes committee Vote

S8414
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 24, 2020 - Rules committee Vote

S8414
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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A10493 (ACTIVE) - Details

See Senate Version of this Bill:
S8414
Law Section:
Criminal Procedure Law
Laws Affected:
Add §180.65, amd §180.80, CP L

A10493 (ACTIVE) - Summary

Relates to conducting hearings on a felony complaint during a state disaster emergency; appearances of any party or witness may be by electronic means so long as the judge is able to hear and see the image of each witness and such appearance is comparable to such witness being present in the courtroom.

A10493 (ACTIVE) - Bill Text download pdf


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

                                  10493

                          I N  A S S E M B L Y

                              May 22, 2020
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  conducting
  hearings  on a felony complaint during a state disaster emergency; 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.  The  criminal  procedure  law  is amended by adding a new
section 180.65 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 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 ON THE FELONY COMPLAINT, THE JUDGE 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 JUDGE WOULD HEAR AND SEE  IF  THE  WITNESS  WERE
PRESENT TOGETHER WITH THE JUDGE TESTIFYING IN THE COURTROOM.  DOCUMENTS,
PHOTOGRAPHS  AND  THE LIKE OFFERED AT THE HEARING MAY BE EXCHANGED AMONG
THE PARTIES BY ELECTRONIC MEANS. A STENOGRAPHIC TRANSCRIPTION OR  APPRO-
PRIATE  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.

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