NY State Senate Bill 2023-S6798A

Senate Bill S6798A

2023-2024 Legislative Session

Permits certain defendants in a criminal action in Delaware, Otsego or Schoharie county to appear electronically, with the approval of the court

download bill text pdf

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2024	print number 6798a
Mar 26, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes
May 10, 2023	referred to codes

Bill Amendments

Original

A (Active)

2023-S6798 - Details

See Assembly Version of this Bill:: A6738
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §182.20, CP L

2023-S6798 - Summary

Permits certain defendants in a criminal action in Delaware, Otsego or Schoharie county to appear electronically, with the approval of the court.

2023-S6798 - Sponsor Memo

                                 
BILL NUMBER: S6798

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to permitting
certain defendants in a criminal action in Delaware, Otsego or Schoharie
county to appear electronically, with the approval of the court

 
PURPOSE:

This bill will permit the use of virtual arraignments, at the court's
discretion, in Delaware, Otsego, and Schoharie counties

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 182.20 of the criminal procedure
law, to expand the use of virtual arraignments to proceedings in Dela-
ware, Otsego, and Schoharie counties as long as the chief administrator
of the courts has authorized the use of electronic appearance and the
defendant consents.

Section two provides the effective date.

 
JUSTIFICATION:

As a result of the COVID-19 pandemic, an Executive Order was issued
allowing for the court system to temporarily utilize digital proceedings
in order to adhere to social distancing guidelines.  Employing
this.technology for arraignments protected the health and wellbeing of
those involved in the proceedings by limiting potential exposure to
COVID-19. An unintended benefit, counties across New York state also
realized a cost-savings from no longer needing to transport defendants
to court.

Since the Executive Order expired, over half of the state's counties
have been granted the authority to continue conducting these legal
proceedings electronically. Officials in Delaware, Otsego, and Schoharie
counties have expressed this will be highly beneficial for their coun-
ties, not only keeping participants safe but saving taxpayers money as
well.

 
LEGISLATIVE HISTORY:

This is a new bill however this permission has already been granted to
35 other counties across New York state.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State. This will result in a cost-savings for Delaware,
Otsego and Schoharie counties.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments 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.

2023-S6798 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6798
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 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 permitting
   certain defendants in a criminal action in Delaware, Otsego  or  Scho-
   harie county to appear electronically, with the approval of the court

   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,  DELAWARE, OTSEGO OR SCHOHARIE county,
 provided that the chief administrator 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  electronic appearance to such electronic appear-
 ance.
   § 2. This act shall take effect immediately, provided,  however,  that
 the amendments to subdivision 1 of section 182.20 of the criminal proce-
 dure  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.
                                                            LBD10290-01-3

2023-S6798A (ACTIVE) - Details

See Assembly Version of this Bill:: A6738
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §182.20, CP L

2023-S6798A (ACTIVE) - Summary

Permits certain defendants in a criminal action in Delaware, Otsego or Schoharie county to appear electronically, with the approval of the court.

2023-S6798A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6798A

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to permitting
certain defendants in a criminal action in Delaware, Otsego or Schoharie
county to appear electronically, with the approval of the court

 
PURPOSE:

This bill will permit the use of virtual arraignments, at the court's
discretion, in Delaware, Otsego, and Schoharie counties.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 182.20 of the criminal procedure
law, to expand the use of virtual arraignments to proceedings in Dela-
ware, Otsego, and Schoharie counties as long as the chief administrator
of the courts has authorized the use of electronic appearance and the
defendant consents.

Section two provides the effective date.

 
JUSTIFICATION:

As a result of the COVID-19 pandemic, an Executive Order was issued
allowing for the court system to temporarily utilize digital proceedings
in order to adhere to social distancing guidelines.  Employing this
technology for arraignments protected the health and wellbeing of those
involved in the proceedings by limiting potential exposure to COVID-19.
An unintended benefit, counties across New York state also realized a
cost-savings from no longer needing to transport defendants to court.
This Executive Order expired.

Currently, 37 of the state's counties are granted the authority in stat-
ute to continue conducting these legal proceedings electronically. Offi-
cials in Delaware, Otsego, and Schoharie counties have expressed this
will be highly beneficial for their counties, not only keeping partic-
ipants safe but saving taxpayers money as well.

 
LEGISLATIVE HISTORY:

2023: A.6738/S.6798 Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State. This will result in a cost-savings for Delaware,
Otsego and Schoharie counties.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments 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.

2023-S6798A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6798--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed  to  be  committed to the Committee on Codes -- recommitted to
   the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the criminal procedure law, in  relation  to  permitting
   certain  defendants  in a criminal action in Delaware, Otsego or Scho-
   harie county to appear electronically, with the approval of the court
 
   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 387 and 426 of the laws of  2023,
 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, Jefferson, Kings, New York, Niagara,  Oneida,  Onondaga,  Ontario,
 Orange,  Orleans,  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, DELAWARE,  OTSEGO  OR
 SCHOHARIE  county,  provided  that the chief administrator 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 electronic appearance to such elec-
 tronic appearance.
   § 2. This act shall take effect immediately; provided,  however,  that
 the amendments to subdivision 1 of section 182.20 of the criminal proce-
 dure  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.

                                                            LBD10290-03-4

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