Bill Text: NY A06738 | 2023-2024 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-05-21 - RETURNED TO ASSEMBLY [A06738 Detail]

Download: New_York-2023-A06738-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6738--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Codes -- recommitted to the Committee on Codes in  accordance  with
          Assembly Rule 3, sec. 2 -- 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:

     1    Section 1. Subdivision 1 of section 182.20 of the  criminal  procedure
     2  law,  as separately amended by chapters 387 and 426 of the laws of 2023,
     3  is amended to read as follows:
     4    1. Notwithstanding any other provision of law and except  as  provided
     5  in  section  182.30  of  this article, the court, in its discretion, may
     6  dispense with the  personal  appearance  of  the  defendant,  except  an
     7  appearance  at  a hearing or trial, and conduct an electronic appearance
     8  in connection with a criminal action pending in Albany,  Bronx,  Broome,
     9  Erie,  Jefferson,  Kings,  New York, Niagara, Oneida, Onondaga, Ontario,
    10  Orange, Orleans,  Putnam,  Queens,  Richmond,  Rockland,  Saratoga,  St.
    11  Lawrence,  Seneca,  Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton,
    12  Essex, Montgomery, Rensselaer, Sullivan, Warren,  Westchester,  Suffolk,
    13  Herkimer,  Franklin,  Chemung, Schuyler, [or] Yates, Delaware, Otsego or
    14  Schoharie county, provided that the chief administrator  of  the  courts
    15  has authorized the use of electronic appearance and the defendant, after
    16  consultation with counsel, consents on the record. Such consent shall be
    17  required at the commencement of each electronic appearance to such elec-
    18  tronic appearance.
    19    §  2.  This act shall take effect immediately; provided, however, that
    20  the amendments to subdivision 1 of section 182.20 of the criminal proce-
    21  dure law made by section one of this act shall not affect the repeal  of
    22  such section and shall be deemed repealed therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10290-02-4