Bill Text: NY A05288 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 5288

Introduced

Bill Title: Permits the electronic appearance of a defendant in the county of Orleans.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-05-31 - substituted by s1268 [A05288 Detail]

Download: New_York-2023-A05288-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          5288

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced by M. of A. HAWLEY -- read once and referred to the Committee
          on Codes

        AN  ACT  to  amend the criminal procedure law, in relation to permitting
          the electronic appearance of a defendant in the county of Orleans

          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, Orle-
    10  ans, 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 county, provided that the chief  administra-
    14  tor  of  the  courts has authorized the use of electronic appearance and
    15  the defendant, after consultation with counsel, consents on the  record.
    16  Such  consent  shall  be required at the commencement of each electronic
    17  appearance to such electronic appearance.
    18    § 2. This act shall take effect immediately, provided,  however,  that
    19  the amendments to subdivision 1 of section 182.20 of the criminal proce-
    20  dure  law made by section one of this act shall not affect the repeal of
    21  such section and shall be deemed repealed therewith.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04803-01-3