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 Section 218 of the judiciary law  is  REPEALED  and  a  new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.