|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 17, 2020||signed chap.123|
|Jun 05, 2020||delivered to governor|
|May 28, 2020||returned to senate|
|May 27, 2020||ordered to third reading rules cal.45|
substituted for a10493
referred to codes
delivered to assembly
ordered to third reading cal.665
|May 26, 2020||reported and committed to rules|
|May 24, 2020||referred to codes|
senate Bill S8414Signed By Governor
Current Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S8414 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §180.65, amd §180.80, CP L
S8414 (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.
S8414 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8414 Revised 5/27/2020 SPONSOR: BAILEY TITLE OF BILL: 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 PURPOSE: To provide for audio-visual appearances for hearings on felony complaints during the COVID-19 disaster emergency SUMMARY OF PROVISIONS: Section 1 adds a new section 180.65 of the Criminal Procedure Law concerning preliminary hearings in felony cases. The section applies during the declared COVID-19 disaster emergency recognized by Executive Order 202, issued by the Governor on March 7, 2020.
S8414 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8414 I N S E N A T E May 24, 2020 ___________ Introduced by Sen. BAILEY -- 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 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.
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