Bill Text: NY A01328 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-03 - referred to codes [A01328 Detail]

Download: New_York-2023-A01328-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1328

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M. of A. BLANKENBUSH, BRABENEC, McDONOUGH, MILLER, TAGUE
          -- read once and referred 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:

     1    Section 1.  Subdivision 1 of section 182.20 of the criminal  procedure
     2  law,  as  separately amended by chapters 242, 246, 252, 254, 321 and 351
     3  of the laws of 2022, 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,  Kings,  New  York,  Niagara,  Oneida,  Onondaga, Ontario, Orange,
    10  Putnam, Queens, Richmond,  Rockland,  Saratoga,  St.  Lawrence,  Seneca,
    11  Steuben,  Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery,
    12  Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer,  Franklin,
    13  Chemung,  Schuyler, or Yates] any county, provided that the chief admin-
    14  istrator of the courts has authorized the use of  electronic  appearance
    15  and  the  defendant,  after  consultation  with counsel, consents on the
    16  record. Such consent shall be required at the commencement of each elec-
    17  tronic appearance to such electronic appearance.
    18    § 2. This act shall take effect immediately; provided that the  amend-
    19  ments  to  subdivision 1 of section 182.20 of the criminal procedure law
    20  made by section one of this act shall not  affect  the  repeal  of  such
    21  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