NY State Senate Bill 2021-S9350

Senate Bill S9350

Signed By Governor

2021-2022 Legislative Session

Permits the electronic appearance of a defendant in the county of Saratoga

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2022	signed chap.351
Jun 23, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.757 substituted for a10435
May 31, 2022	referred to codes delivered to assembly passed senate
May 25, 2022	ordered to third reading cal.1603 committee discharged and committed to rules
May 18, 2022	referred to codes

Votes

- May 31, 2022 - Floor Vote
  S9350
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 25, 2022 - Rules Committee Vote
  S9350
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 25, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

2021-S9350 (ACTIVE) - Details

See Assembly Version of this Bill:: A10435
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §182.20, CP L

2021-S9350 (ACTIVE) - Summary

Permits the electronic appearance of a defendant in the county of Saratoga.

2021-S9350 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9350

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to permitting
the electronic appearance of a defendant in the county of Saratoga

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Criminal Procedure Law permitting the electronic appearance
of defendants in Saratoga County.

 
SUMMARY OF PROVISIONS:

Subdivision 1 of Section 182.20 of the Criminal Procedure Law, as
amended by Chapter 332 of the Laws of 2009, is amended to include Sara-
toga County as a county where the court in its discretion may dispense
with the personal appearance of the defendant, except at trial or hear-
ing, and conduct an electronic appearance in connection with a criminal
action.

The chief administrator of the courts must authorize the use of elec-
tronic appearance and the defendant, after consultation with counsel,
must consent on the record. The consent is required at the commencement
of each electronic appearance.

 
JUSTIFICATION:

Courts in the five boroughs of New York City, and twenty-seven counties
in New York State currently have the authority to conduct electronic
court appearances in association with a criminal action, separate from a
hearing or trial. Stakeholders in Saratoga County have expressed inter-
est in the ability to replicate this practice in Saratoga County.

Detainees would participate in legal proceedings from a designated space
through a two-way, closed-circuit, audio-visual system rather than being
physically transported to the Saratoga County Courthouse.  The use of
electronic court appearances would reduce the number of transports
cutting costs and enhancing public safety.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State and will render significant savings for Saratoga Coun-
ty.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, the amend-
ments to Subdivision 1 of Section 182.20 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.

2021-S9350 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9350
 
                             I N  S E N A T E
 
                               May 18, 2022
                                ___________
 
 Introduced  by  Sen.  JORDAN -- 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  permitting
   the electronic appearance of a defendant in the county of Saratoga
 
   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 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 trial, and conduct an electronic appearance
 in connection with a criminal action pending in Albany,  Bronx,  Broome,
 Erie,  Kings,  New  York,  Niagara,  Oneida,  Onondaga, Ontario, Orange,
 Putnam, Queens, Richmond, SARATOGA, St. Lawrence, Tompkins,  Chautauqua,
 Cattaraugus,  Clinton,  Essex, Montgomery, Rensselaer, Warren, Westches-
 ter, Suffolk, Herkimer or  Franklin  county,  provided  that  the  chief
 administrator of the courts has authorized the use of electronic appear-
 ance and the defendant, after consultation with counsel, consents on the
 record. Such consent shall be required at the commencement of each elec-
 tronic appearance to such electronic appearance.
   §  2.  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 shall not affect the repeal  of
 such section and shall be deemed repealed therewith.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15795-01-2

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