Bill Text: NY A04331 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 4331 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the criminal procedure law, in relation to electronic court appearance statewide

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A04331 Detail]

Download: New_York-2009-A04331-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4331
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2009
                                      ___________
       Introduced  by  M. of A. KOON, PEOPLES -- Multi-Sponsored by -- M. of A.
         COOK, DINOWITZ, GALEF, HOOPER, JOHN, LAVINE,  MAYERSOHN,  ROBINSON  --
         read once and referred to the Committee on Codes
       AN  ACT  to  amend the criminal procedure law, in relation to electronic
         court appearance statewide
         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 amended by chapter 317 of the laws of 2008, is amended  to  read
    3  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  Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clin-
   11  ton,   Essex,  Montgomery,  Rensselaer,  Warren,  Westchester,  Suffolk,
   12  Herkimer or Franklin county], provided that the chief  administrator  of
   13  the  courts  has  authorized  the  use  of electronic appearance and the
   14  defendant, after consultation with counsel, consents on the record. Such
   15  consent shall be required at the commencement of each electronic appear-
   16  ance to such electronic appearance.
   17    S 2. This act shall take effect immediately, provided,  however,  that
   18  the  amendment to subdivision 1 of section 182.20 of the criminal proce-
   19  dure law made by section one of this act shall not affect the repeal  of
   20  such section and shall be deemed repealed therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01623-01-9