Assembly Bill A1328

2023-2024 Legislative Session

Provides for statewide video arraignments

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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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2023-A1328 (ACTIVE) - Details

See Senate Version of this Bill:
S4591
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §182.20, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4681
2011-2012: S837
2013-2014: S2242
2015-2016: A9264, S3083
2017-2018: A4581, S554
2019-2020: A5190, S1019, S4800
2021-2022: A4200, S1854

2023-A1328 (ACTIVE) - Summary

Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

2023-A1328 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1328
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. BLANKENBUSH, BRABENEC, McDONOUGH, MILLER, TAGUE
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  the  use  of
   video monitoring equipment to conduct arraignments
 
   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  separately amended by chapters 242, 246, 252, 254, 321 and 351
 of the laws of 2022, 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,  Rockland,  Saratoga,  St.  Lawrence,  Seneca,
 Steuben,  Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery,
 Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer,  Franklin,
 Chemung,  Schuyler, or Yates] ANY county, provided that the chief admin-
 istrator 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 elec-
 tronic appearance to such electronic appearance.
   § 2. This act shall take effect immediately; provided that 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.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05163-02-3

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