Assembly Bill A8381

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8381
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   certain  electronic court appearances; and to amend chapter 689 of the
   laws of 1993, amending the criminal procedure law  relating  to  elec-
   tronic court appearance in certain counties, in relation to the effec-
   tiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 182.20 of the  criminal  procedure
 law, as amended by chapter 332 of the laws of 2009, is amended and a new
 subdivision 5 is added to read as follows:
   1.  Notwithstanding  any other provision of law and except as provided
 in section 182.30 of this article, the court,  in  its  discretion,  may
 dispense  with  the  personal  appearance  of  the  defendant, except an
 appearance at a [hearing or]  JURY  trial,  and  conduct  an  electronic
 appearance  in  connection  with  a  criminal action pending in [Albany,
 Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga,  Ontar-
 io,  Orange,  Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautau-
 qua, Cattaraugus, Clinton, Essex, Montgomery, Rensselaer, Warren,  West-
 chester,  Suffolk,  Herkimer  or  Franklin] ANY county WITHIN THE STATE,
 provided that the chief administrator of the courts has  authorized  the
 use  of electronic appearance and the defendant, after consultation with
 counsel, consents on the record. Such consent shall be required  at  the
 commencement  of  each  electronic appearance to such electronic appear-
 ance.
   5. WHERE THE COURT DETERMINES ON ITS OWN MOTION, OR ON THE  MOTION  OF
 ANY  PARTY,  THAT  THE  PERSONAL  APPEARANCE BY ANY PARTY, INCLUDING THE
 DEFENDANT, WOULD BE IMPRACTICAL, UNSAFE OR EXCESSIVELY  BURDENSOME,  THE
 COURT  MAY  CONDUCT  VIRTUAL  APPEARANCES  WITHOUT  THE  CONSENT  OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11416-01-1
 A. 8381                             2
              

 
 PARTIES.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  FOR  HEAR-
 INGS OR TRIALS.
   § 2. Section 182.30 of the criminal procedure law, as added by chapter
 689 of the laws of 1993, is amended to read as follows:
 § 182.30 Electronic appearance; conditions and limitations.
   The  following  conditions  and  limitations  apply  to all electronic
 appearances:
   1. [The defendant may not enter a plea of guilty to, or  be  sentenced
 upon  a conviction of, a felony] THE DEFENDANT MAY NOT BE SENTENCED TO A
 PERIOD OF INCARCERATION, UNLESS SUCH DEFENDANT IS  ALREADY  INCARCERATED
 IN A COUNTY CORRECTIONAL FACILITY OR A CORRECTIONAL FACILITY OPERATED BY
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   2.  The defendant may not enter a plea of not responsible by reason of
 mental disease or defect.
   3. The defendant may not be  committed  to  the  state  department  of
 mental hygiene pursuant to article seven hundred thirty of this chapter.
   [4.  The  defendant  may  not  enter a plea of guilty to a misdemeanor
 conditioned upon a promise of incarceration  unless  such  incarceration
 will  be  imposed  only  in the event that the defendant fails to comply
 with a term or condition imposed under the original sentence.
   5. A defendant who has been convicted of  a  misdemeanor  may  not  be
 sentenced  to  a  period  of  incarceration  which  exceeds the time the
 defendant has already served when sentence is imposed.]
   § 3. Section 2 of chapter 689 of the laws of 1993, amending the crimi-
 nal procedure law relating to electronic  court  appearance  in  certain
 counties,  as  amended by section 20 of part A of chapter 55 of the laws
 of 2021, is amended to read as follows:
   §  2.  This  act  shall  take  effect  immediately,  except  that  the
 provisions  of  this  act shall be deemed to have been in full force and
 effect since July 1, 1992 and the provisions of this  act  shall  expire
 September  1, [2023] 2024 when upon such date the provisions of this act
 shall be deemed repealed.
   § 4. This act shall take effect immediately; provided,  however,  that
 the amendments to subdivision 1 of section 182.20 of the criminal proce-
 dure  law  made by section one of this act and the amendments to section
 182.30 of the criminal procedure law made by section  two  of  this  act
 shall  not  affect  the  expiration of such sections and shall be deemed
 repealed therewith.