Bill Text: NY S02729 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides for electronic court appearance in a criminal action, anywhere in the state, at the discretion of the court having jurisdiction of the defendant; provides that the defendant must, after consultation with counsel, consent on the record; provides that the chief administrator of the courts must first approve the use of such electronic appearance.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2018-05-14 - referred to codes [S02729 Detail]

Download: New_York-2017-S02729-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2729
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 17, 2017
                                       ___________
        Introduced by Sens. GRIFFO, GOLDEN, HANNON, RANZENHOFER, RITCHIE, SAVINO
          -- 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 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 332 of the laws of 2009, 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  Putnam,  Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
    11  gus,  Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,   Westchester,
    12  Suffolk,  Herkimer or Franklin county], provided that the chief adminis-
    13  trator of the courts has authorized the use of electronic appearance and
    14  the defendant, after consultation with counsel, consents on the  record.
    15  Such  consent  shall  be required at the commencement of each electronic
    16  appearance to such electronic appearance.
    17    § 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.
                                                                   LBD05238-01-7