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Senate Bill S4591

2023-2024 Legislative Session

Provides for statewide video arraignments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S4591 (ACTIVE) - Details

See Assembly Version of this Bill:
A1328
Current Committee:
Senate 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: S3083, A9264
2017-2018: S554, A4581
2019-2020: S1019, S4800, A5190
2021-2022: S1854, A4200
2025-2026: S481, A367

2023-S4591 (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-S4591 (ACTIVE) - Sponsor Memo

2023-S4591 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4591
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 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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