S T A T E O F N E W Y O R K
________________________________________________________________________
712
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law, in relation to audio-visual coverage
of judicial proceedings; and to repeal section 218 of the judiciary
law and section 52 of the civil rights law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 218 of the judiciary law is REPEALED and a new
section 218 is added to read as follows:
§ 218. AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS. 1. AUTHORI-
ZATION. SUBJECT TO THE AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER
THE PROCEEDING TO EXERCISE SOUND DISCRETION TO PROHIBIT FILMING OR
PHOTOGRAPHING OF PARTICULAR PARTICIPANTS IN JUDICIAL PROCEEDINGS TO
ENSURE SAFETY AND THE FAIR ADMINISTRATION OF JUSTICE, AUDIO-VISUAL AND
STILL PHOTOGRAPHY COVERAGE OF PUBLIC JUDICIAL PROCEEDINGS IN THE APPEL-
LATE AND TRIAL COURTS OF THIS STATE SHALL BE ALLOWED IN ACCORDANCE WITH
THIS SECTION.
2. EQUIPMENT AND PERSONNEL. THE FOLLOWING SHALL BE PERMITTED IN ANY
TRIAL OR APPELLATE COURT PROCEEDING:
(A) AT LEAST TWO COMPACT VIDEO CAMERAS, EACH OPERATED BY NO MORE THAN
ONE CAMERA PERSON. ADDITIONAL PERMITTED CAMERAS SHALL BE WITHIN THE SOLE
DISCRETION AND AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER THE
PROCEEDING.
(B) NOT MORE THAN TWO STILL PHOTOGRAPHERS, USING NOT MORE THAN TWO
STILL CAMERAS EACH.
(C) NOT MORE THAN ONE AUDIO SYSTEM FOR RADIO BROADCAST PURPOSES.
AUDIO PICKUP FOR ALL MEDIA PURPOSES SHALL BE PROVIDED BY EXISTING AUDIO
SYSTEMS PRESENT IN THE COURTROOM. IF NO TECHNICALLY SUITABLE AUDIO
SYSTEM EXISTS IN THE COURTROOM, MICROPHONES AND RELATED WIRING ESSENTIAL
FOR MEDIA PURPOSES SHALL BE PERMISSIBLE PROVIDED THEY ARE UNOBTRUSIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01599-02-3
A. 712 2
AND SHALL BE LOCATED IN PLACES DESIGNATED IN ADVANCE OF ANY PROCEEDING
BY THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING.
(D) ANY POOLING ARRANGEMENTS AMONG MEMBERS OF THE MEDIA CONCERNING
EQUIPMENT AND PERSONNEL SHALL BE THE SOLE RESPONSIBILITY OF SUCH MEMBERS
WITHOUT CALLING UPON THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING
TO MEDIATE ANY DISPUTE AS TO THE APPROPRIATE MEDIA REPRESENTATIVE OR
EQUIPMENT AUTHORIZED TO COVER A PARTICULAR PROCEEDING. IN THE ABSENCE OF
ADVANCE MEDIA AGREEMENT CONCERNING DISPUTED EQUIPMENT OR PERSONNEL
ISSUES, THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING MAY EXCLUDE
ALL CONTESTING MEDIA PERSONNEL FROM A PROCEEDING.
3. LIVESTREAMING. (A) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
SECTION, AND SUBJECT TO APPROPRIATION BY THE LEGISLATURE, THE CHIEF
ADMINISTRATOR OF THE COURTS SHALL PROVIDE FOR:
(I) THE INSTALLATION AND MAINTENANCE OF CAMERAS IN ALL SUPREME, COUN-
TY, CITY, AND APPELLATE COURTROOMS;
(II) THE TRANSMISSION OF LIVE PROCEEDINGS ON A PUBLICLY AVAILABLE
WEBSITE, FREE OF CHARGE, IN AUDIO-VISUAL FORM; AND
(III) THE PRESERVATION OF ALL RECORDINGS IN ARCHIVAL FORM ON A PUBLIC-
LY AVAILABLE WEBSITE FOR CONTINUED ACCESS, FREE OF CHARGE.
(B) WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND
SUBJECT TO APPROPRIATION BY THE LEGISLATURE, THE CHIEF ADMINISTRATOR OF
THE COURTS SHALL PROVIDE FOR:
(I) THE INSTALLATION AND MAINTENANCE OF CAMERAS IN ALL FAMILY, TOWN,
AND VILLAGE COURTROOMS;
(II) TRANSMISSION OF LIVE PROCEEDINGS ON A PUBLICLY AVAILABLE WEBSITE,
FREE OF CHARGE, IN AUDIO-VISUAL FORM; AND
(III) PRESERVATION OF ALL RECORDINGS IN ARCHIVAL FORM ON A PUBLICLY
AVAILABLE WEBSITE FOR CONTINUED ACCESS, FREE OF CHARGE.
4. SOUND AND LIGHT CRITERIA. VIDEO AND AUDIO EQUIPMENT, INCLUDING
STILL CAMERA EQUIPMENT, WHETHER FILM OR DIGITAL, SHALL NOT BE PERMITTED
IF IT PRODUCES DISORIENTING SOUND OR LIGHT. NO ARTIFICIAL LIGHTING
DEVICE OF ANY KIND SHALL BE USED IN CONNECTION WITH THE VIDEO EQUIPMENT
OR STILL CAMERA.
5. LOCATION OF EQUIPMENT PERSONNEL. VIDEO CAMERA EQUIPMENT AND STILL
CAMERA PHOTOGRAPHERS SHALL BE POSITIONED IN SUCH LOCATION IN THE COURT-
ROOM AS SHALL BE DESIGNATED BY THE CHIEF ADMINISTRATIVE JUDGE OF THE
COURT OR THE CHIEF ADMINISTRATIVE JUDGE'S DESIGNEE. THE AREA DESIGNATED
SHALL PROVIDE REASONABLE ACCESS TO COVERAGE OF THE PROCEEDINGS. STILL
CAMERA PHOTOGRAPHERS SHALL ASSUME A FIXED POSITION WITHIN THE DESIGNATED
AREA AND SHALL NOT BE PERMITTED TO MOVE ABOUT TO OBTAIN PHOTOGRAPHS OF
COURT PROCEEDINGS. MEDIA REPRESENTATIVES SHALL NOT MOVE ABOUT THE COURT
FACILITY WHILE PROCEEDINGS ARE IN SESSION, AND MICROPHONES OR TAPING
EQUIPMENT SHALL NOT BE MOVED DURING THE PENDENCY OF THE PROCEEDING.
6. EQUIPMENT MOVEMENT DURING PROCEEDINGS. NEWS MEDIA PHOTOGRAPHIC OR
AUDIO EQUIPMENT SHALL NOT BE PLACED IN OR REMOVED FROM THE COURT FACILI-
TY EXCEPT BEFORE COMMENCEMENT OR AFTER ADJOURNMENT OF PROCEEDINGS EACH
DAY, OR DURING A RECESS. NEITHER VIDEO CASSETTES OR FILM MAGAZINES NOR
STILL CAMERA FILM, DIGITAL MEDIA CARDS OR LENSES SHALL BE CHANGED WITHIN
A COURTROOM EXCEPT DURING A RECESS IN THE PROCEEDING.
7. COURTROOM LIGHT SOURCES. WITH THE CONCURRENCE OF THE CHIEF ADMINIS-
TRATIVE JUDGE OF THE COURT, MODIFICATIONS AND ADDITIONS MAY BE MADE IN
LIGHT SOURCES EXISTING IN THE COURTROOM, PROVIDED SUCH MODIFICATIONS OR
ADDITIONS ARE INSTALLED AND MAINTAINED WITHOUT PUBLIC EXPENSE.
8. CONFERENCES OF COUNSEL. TO PROTECT THE ATTORNEY-CLIENT PRIVILEGE
AND THE EFFECTIVE RIGHT TO COUNSEL, THERE SHALL BE NO AUDIO PICKUP OR
BROADCAST OF CONFERENCES THAT OCCUR IN A COURTROOM BETWEEN ATTORNEYS AND
A. 712 3
THEIR CLIENTS, BETWEEN CO-COUNSEL OF A CLIENT, OR BETWEEN COUNSEL AND
THE PRESIDING JUDGE HELD AT THE BENCH.
9. IMPERMISSIBLE USE OF MEDIA MATERIAL. FILM, DIGITAL FILES, VIDE-
OTAPE, STILL PHOTOGRAPHS, OR AUDIO REPRODUCTIONS CAPTURED OR RECORDED
DURING OR BY VIRTUE OF COVERAGE OF A JUDICIAL PROCEEDING SHALL NOT BE
ADMISSIBLE AS EVIDENCE IN THE PROCEEDING OUT OF WHICH IT AROSE, IN ANY
PROCEEDING SUBSEQUENT OR COLLATERAL THERETO, OR UPON RETRIAL OR APPEAL
OF SUCH PROCEEDINGS.
10. WRITTEN ORDER. AN ORDER RESTRICTING AUDIO-VISUAL COVERAGE WITH
RESPECT TO A PARTICULAR PARTICIPANT SHALL BE IN WRITING AND BE INCLUDED
IN THE RECORD OF SUCH PROCEEDING. THE ORDER MUST STATE GOOD CAUSE WHY
SUCH COVERAGE WILL HAVE A SUBSTANTIAL EFFECT UPON THE INDIVIDUAL WHICH
WOULD BE QUALITATIVELY DIFFERENT FROM THE EFFECT ON MEMBERS OF THE
PUBLIC IN GENERAL AND THAT SUCH EFFECT WILL BE QUALITATIVELY DIFFERENT
FROM COVERAGE BY OTHER TYPES OF MEDIA. BEFORE PROHIBITING AUDIO-VISUAL
COVERAGE, THE PRESIDING JUDGE MUST FIRST CONSIDER THE IMPOSITION OF
SPECIAL LIMITATIONS, SUCH AS A DELAYED OR MODIFIED STILL OR AUDIO-VISUAL
COVERAGE OF THE PROCEEDINGS.
11. CLOSING THE COURTROOM. NO AUDIO-VISUAL COVERAGE OR LIVESTREAMING
WILL BE PERMITTED DURING ANY PERIOD IN WHICH THE COURTROOM IS LAWFULLY
CLOSED TO THE GENERAL PUBLIC IN ACCORDANCE WITH THE UNITED STATES AND
NEW YORK CONSTITUTIONS, NEW YORK LAW AND COURT RULES.
12. APPELLATE REVIEW. INTERLOCUTORY REVIEW OF AN ORDER RESTRICTING
AUDIO-VISUAL COVERAGE SHALL BE EXPEDITED IN ACCORDANCE WITH THE RULES OF
THE APPLICABLE APPELLATE COURT.
13. REGULATIONS. THE PROVISIONS OF THIS ACT SHALL SUPERSEDE ANY
PROVISION TO THE CONTRARY IN PART 131 OF THE RULES OF THE CHIEF ADMINIS-
TRATIVE JUDGE, 22 NYCRR PART 131, PART 29 OF THE RULES OF THE CHIEF
JUDGE, 22 NYCRR PART 29, AND ANY OTHER COURT RULE REGARDING AUDIO-VISUAL
COVERAGE OF JUDICIAL PROCEEDINGS.
§ 2. Section 52 of the civil rights law is REPEALED.
§ 3. Subdivision 5 of section 751 of the judiciary law, as added by
chapter 187 of the laws of 1992, is amended to read as follows:
5. Where any member of the [news] media as [defined in subdivision two
of] REFERENCED IN section two hundred eighteen of this chapter, willful-
ly disobeys a lawful mandate of a court issued pursuant to such section,
the punishment for each day that such contempt persists may be by a fine
fixed in the discretion of the court, but not to exceed five thousand
dollars per day or imprisonment, not exceeding thirty days, in the jail
of the county where the court is sitting or both, in the discretion of
the court. In fixing the amount of the fine, the court shall consider
all the facts and circumstances directly related to the contempt,
including, but not limited to: (i) the extent of the willful defiance of
or resistance to the court's mandate, (ii) the amount of gain obtained
by the willful disobedience of the mandate, and (iii) the effect upon
the public and the parties to the proceeding of the willful disobedi-
ence.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.