Senate Bill S8127

                                 
BILL NUMBER: S8127

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend chapter 689 of the laws of 1993 amending the criminal
procedure law relating to electronic court appearance in certain coun-
ties, in relation to making such provisions permanent

 
PURPOSE:

To allow and implement electronic arraignments permanently

 
SUMMARY OF PROVISIONS:

Section 1: Amends criminal procedure law to eliminate the repeal date.

Section 2: Sets effective date.

 
JUSTIFICATION:

              

Historically, defendants have been required to be physically present
during arraignment proceedings. The county holding arraignment
proceedings must bear the cost of transporting defendants from a secure
location to the court for the defendants' personal appearance.  This
presents a significant cost to the host county of the proceedings.

There is no longer a need for a defendant's in-person appearance as
shown during the COVID-19 pandemic. Statewide video arraignments were
provided for under Executive Order 202.1 of 2020 in keeping with social
distancing requirements. Modern day audio visual equipment allows for
adequate electronic arraignments when the defendant is outside the
courthouse in a secure location.

This legislation will remove the repeal date of article 182 of the crim-
inal procedure law, thereby allowing for electronic arraignments to
continue in perpetuity in the counties outlined in the law.

Electronic arraignments will reduce the financial burden that in-person
arraignments have on the counties. By reducing the need to transport a
defendant, this reduces the amount of time the state must spend on
arraignments. Since a defendant does not have to leave where they are
being held this also means these proceedings don't require them to be
moved to a new space.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
Immediately.