Bill Text: NY S02904 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to audio-visual coverage of judicial proceedings; defines terms; provides exemptions; authorizes judicial discretion; provides supervision of audio-visual coverage and mandatory pre-trial conference; provides that consent is necessary for the audio-visual coverage of arraignments, bail hearings and all proceedings pursuant to article three of the family court act; directs the office of court administration to establish an educational program for all judges and justices of the unified court system; authorizes the promulgation of necessary rules and regulations; and provides for the monitoring of the provisions of this section by the office of court administration.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S02904 Detail]
Download: New_York-2011-S02904-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2904 2011-2012 Regular Sessions I N S E N A T E February 3, 2011 ___________ Introduced by Sens. DeFRANCISCO, GRIFFO, LARKIN, MAZIARZ, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to audio-visual coverage of judicial proceedings and to repeal section 218 of such law relating to audio-visual coverage of judicial proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 218 of the judiciary law is REPEALED and a new 2 section 218 is added to read as follows: 3 S 218. AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS. 1. AUTHORI- 4 ZATION. NOTWITHSTANDING THE PROVISIONS OF SECTION FIFTY-TWO OF THE CIVIL 5 RIGHTS LAW, AUDIO-VISUAL COVERAGE OF CIVIL AND CRIMINAL TRIAL 6 PROCEEDINGS IS AUTHORIZED SUBJECT TO THE PROVISIONS OF THIS SECTION. 7 2. DEFINITIONS. FOR PURPOSES OF THIS SECTION: 8 (A) "ADMINISTRATIVE JUDGE" SHALL MEAN THE ADMINISTRATIVE JUDGE OF EACH 9 JUDICIAL DISTRICT; THE ADMINISTRATIVE JUDGE OF NASSAU COUNTY OR OF 10 SUFFOLK COUNTY; THE ADMINISTRATIVE JUDGE OF THE CIVIL COURT OF THE CITY 11 OF NEW YORK OR OF THE CRIMINAL COURT OF THE CITY OF NEW YORK; OR THE 12 PRESIDING JUDGE OF THE COURT OF CLAIMS. 13 (B) "AUDIO-VISUAL COVERAGE" SHALL MEAN THE ELECTRONIC BROADCASTING OR 14 OTHER TRANSMISSION TO THE PUBLIC OF RADIO OR TELEVISION SIGNALS FROM THE 15 COURTROOM, THE RECORDING OF SOUND OR LIGHT IN THE COURTROOM FOR LATER 16 TRANSMISSION OR REPRODUCTION, OR THE TAKING OF STILL OR MOTION PICTURES 17 IN THE COURTROOM BY THE NEWS MEDIA. 18 (C) "NEWS MEDIA" SHALL MEAN ANY NEWS REPORTING OR NEWS GATHERING AGEN- 19 CY AND ANY EMPLOYEE OR AGENT ASSOCIATED WITH SUCH AGENCY, INCLUDING, BUT 20 NOT LIMITED TO, TELEVISION, RADIO, RADIO AND TELEVISION NETWORKS, WIRED 21 AND/OR WIRELESS INTERNET OR ONLINE OR OTHER SERVICES USING ANY MEANS OF 22 TRANSMISSION, NEWS SERVICES, NEWSPAPERS, MAGAZINES, TRADE PAPERS, 23 IN-HOUSE PUBLICATIONS, PROFESSIONAL JOURNALS OR ANY OTHER NEWS REPORTING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03768-01-1 S. 2904 2 1 OR NEWS GATHERING AGENCY, THE FUNCTION OF WHICH IS TO INFORM THE PUBLIC, 2 OR SOME SEGMENT THEREOF. 3 (D) "PRESIDING TRIAL JUDGE" SHALL MEAN THE JUSTICE OR JUDGE PRESIDING 4 OVER PROCEEDINGS AT WHICH AUDIO-VISUAL COVERAGE IS REQUESTED PURSUANT TO 5 THIS SECTION. 6 (E) "COVERT OR UNDERCOVER CAPACITY" SHALL MEAN LAW ENFORCEMENT ACTIV- 7 ITY INVOLVING CRIMINAL INVESTIGATION BY PEACE OR POLICE OFFICERS WHO 8 USUALLY AND CUSTOMARILY WEAR NO UNIFORM, BADGE, OR OTHER OFFICIAL IDEN- 9 TIFICATION IN PUBLIC VIEW. 10 (F) "ARRAIGNMENT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED 11 IN SUBDIVISION NINE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. 12 (G) "SUPPRESSION HEARING" SHALL MEAN A HEARING ON A MOTION MADE PURSU- 13 ANT TO THE PROVISIONS OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW; A 14 HEARING ON A MOTION TO DETERMINE THE ADMISSIBILITY OF ANY PRIOR CRIMI- 15 NAL, VICIOUS OR IMMORAL ACTS OF A DEFENDANT AND ANY OTHER HEARING HELD 16 TO DETERMINE THE ADMISSIBILITY OF EVIDENCE. 17 (H) "NONPARTY WITNESS" SHALL MEAN ANY WITNESS IN A CRIMINAL OR FAMILY 18 COURT TRIAL PROCEEDING WHO IS NOT A PARTY TO SUCH PROCEEDING; EXCEPT AN 19 EXPERT OR PROFESSIONAL WITNESS, A PEACE OR POLICE OFFICER WHO ACTED IN 20 THE COURSE OF HIS OR HER DUTIES AND WAS NOT ACTING IN A COVERT OR UNDER- 21 COVER CAPACITY IN CONNECTION WITH THE INSTANT COURT PROCEEDING, OR ANY 22 GOVERNMENT OFFICIAL ACTING IN AN OFFICIAL CAPACITY, SHALL NOT BE DEEMED 23 TO BE A "NONPARTY WITNESS". 24 (I) "VISUALLY OBSCURED" SHALL MEAN THAT THE FACE OF A PARTICIPANT IN A 25 TRIAL PROCEEDING SHALL EITHER NOT BE SHOWN OR SHALL BE RENDERED VISUALLY 26 UNRECOGNIZABLE TO THE VIEWER OF SUCH PROCEEDING BY MEANS OF SPECIAL 27 EDITING BY THE NEWS MEDIA. 28 (J) "AURALLY OBSCURED" SHALL MEAN THAT THE VOICE OF A PARTICIPANT IN A 29 TRIAL PROCEEDING SHALL BE RENDERED AURALLY UNRECOGNIZABLE TO THE LISTEN- 30 ER OF SUCH PROCEEDING BY MEANS OF SPECIAL EDITING BY THE NEWS MEDIA. 31 (K) "VICTIM" SHALL MEAN A NATURAL PERSON AGAINST WHOM ANY OFFENSE AS 32 DEFINED IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW HAS BEEN 33 COMMITTED OR ATTEMPTED, WHERE SUCH OFFENSE IS CHARGED IN AN ACCUSATORY 34 INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF SECTION 1.20 OF THE CRIMINAL 35 PROCEDURE LAW OR IS ALLEGED IN A PETITION FILED IN FAMILY COURT. 36 "VICTIM" SHALL INCLUDE THE FAMILY MEMBERS IN CLOSEST DEGREE OF RELATION- 37 SHIP TO A HOMICIDE VICTIM OR THE FAMILY MEMBERS OR GUARDIAN WHO HAD 38 CUSTODY OF A MINOR WHO IS A CRIME VICTIM. 39 3. REQUESTS FOR COVERAGE OF PROCEEDINGS; ADMINISTRATIVE REVIEW. (A) 40 PRIOR TO THE COMMENCEMENT OF THE PROCEEDINGS, ANY NEWS MEDIA INTERESTED 41 IN PROVIDING AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS SHALL FILE A 42 REQUEST WITH THE PRESIDING TRIAL JUDGE, IF ASSIGNED, OR IF NO ASSIGNMENT 43 HAS BEEN MADE, TO THE JUDGE RESPONSIBLE FOR MAKING SUCH ASSIGNMENT FOR 44 TRANSMITTAL TO THE JUDGE TO WHOM THE PROCEEDING IS ULTIMATELY ASSIGNED. 45 UPON RECEIPT OF ANY APPLICATION, THE PRESIDING TRIAL JUDGE SHALL CAUSE 46 ALL PARTIES AND ALL KNOWN VICTIMS OF CRIMES NAMED IN THE ACCUSATORY 47 INSTRUMENT OF THE PROCEEDING TO BE NOTIFIED OF SUCH APPLICATION. 48 REQUESTS FOR AUDIO-VISUAL COVERAGE SHALL BE MADE IN WRITING AND NOT LESS 49 THAN TEN DAYS BEFORE THE COMMENCEMENT OF THE JUDICIAL PROCEEDING, AND 50 SHALL REFER TO THE INDIVIDUAL PROCEEDING WITH SUFFICIENT IDENTIFICATION 51 TO ASSIST THE PRESIDING TRIAL JUDGE IN CONSIDERING THE REQUEST. ANY 52 PARTY OR VICTIM WHO OBJECTS TO SUCH REQUEST FOR AUDIO-VISUAL COVERAGE 53 SHALL FILE WITH THE COURT SUCH OBJECTION AND THE REASONS THEREFOR WITHIN 54 FIVE DAYS OF RECEIPT OF THE REQUEST. WHERE CIRCUMSTANCES ARE SUCH THAT 55 AN APPLICANT CANNOT REASONABLY APPLY TEN OR MORE DAYS BEFORE THE S. 2904 3 1 COMMENCEMENT OF THE PROCEEDING, THE PRESIDING TRIAL JUDGE MAY SHORTEN 2 THE TIME PERIOD FOR REQUESTS. 3 (B) PERMISSION FOR AUDIO-VISUAL COVERAGE SHALL BE AT THE DISCRETION OF 4 THE PRESIDING TRIAL JUDGE. AN ORDER GRANTING OR DENYING A REQUEST FOR 5 AUDIO-VISUAL COVERAGE OF A PROCEEDING SHALL BE IN WRITING AND SHALL BE 6 INCLUDED IN THE RECORD OF SUCH PROCEEDING. SUCH ORDER SHALL CONTAIN ANY 7 RESTRICTIONS IMPOSED BY THE JUDGE ON THE AUDIO-VISUAL COVERAGE AND SHALL 8 CONTAIN A STATEMENT ADVISING THE PARTIES THAT ANY VIOLATION OF THE ORDER 9 IS PUNISHABLE BY CONTEMPT PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER. 10 SUCH ORDER FOR INITIAL ACCESS SHALL BE SUBJECT ONLY TO REVIEW BY THE 11 APPROPRIATE ADMINISTRATIVE JUDGE; THERE SHALL BE NO FURTHER JUDICIAL 12 REVIEW OF SUCH ORDER OR DETERMINATION DURING THE PENDENCY OF A PROCEED- 13 ING BEFORE THE PRESIDING TRIAL JUDGE. ANY APPEALS PURSUANT TO THIS PARA- 14 GRAPH SHALL BE HEARD AND DETERMINED PRIOR TO THE COMMENCEMENT OF SUCH 15 PROCEEDING. NO ORDER ALLOWING OR DENYING AUDIO-VISUAL COVERAGE OF A 16 PROCEEDING SHALL BE SEALED. 17 (C) SUBJECT TO THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION, 18 UPON A REQUEST FOR AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS, THE 19 PRESIDING TRIAL JUDGE SHALL, AT A MINIMUM, TAKE INTO ACCOUNT THE FOLLOW- 20 ING FACTORS: (I) THE TYPE OF CASE INVOLVED; (II) WHETHER SUCH COVERAGE 21 WOULD CAUSE HARM TO ANY PARTICIPANT IN THE CASE OR OTHERWISE INTERFERE 22 WITH THE FAIR ADMINISTRATION OF JUSTICE, THE ADVANCEMENT OF A FAIR TRIAL 23 OR THE RIGHTS OF THE PARTIES; (III) WHETHER ANY ORDER DIRECTING THE 24 EXCLUSION OF WITNESSES FROM THE COURTROOM PRIOR TO THEIR TESTIMONY COULD 25 BE RENDERED SUBSTANTIALLY INEFFECTIVE BY ALLOWING AUDIO-VISUAL COVERAGE 26 THAT COULD BE VIEWED BY SUCH WITNESSES TO THE DETRIMENT OF ANY PARTY; 27 (IV) WHETHER SUCH COVERAGE WOULD INTERFERE WITH ANY LAW ENFORCEMENT 28 ACTIVITY; (V) WHETHER COVERAGE WOULD INVOLVE LEWD MATTERS; (VI) THE 29 OBJECTIONS OF ANY OF THE PARTIES, PROSPECTIVE WITNESSES, VICTIMS OR 30 OTHER PARTICIPANTS IN THE TRIAL PROCEEDING FOR WHICH COVERAGE IS SOUGHT; 31 (VII) THE PHYSICAL STRUCTURE OF THE COURTROOM AND THE LIKELIHOOD THAT 32 ANY EQUIPMENT REQUIRED TO CONDUCT COVERAGE CAN BE INSTALLED AND OPERATED 33 WITHOUT DISTURBANCE TO THOSE PROCEEDINGS OR ANY OTHER PROCEEDINGS IN THE 34 COURTHOUSE; (VIII) WHETHER COVERAGE WILL PREJUDICE ANY PARTY OR COMPRO- 35 MISE ANY CLAIM OR DEFENSE. THE PRESIDING TRIAL JUDGE SHALL NOT GRANT 36 PERMISSION FOR AUDIO-VISUAL COVERAGE IN ANY OF THE FOLLOWING TYPES OF 37 CASES UNLESS THE COURT FINDS THAT THE BENEFITS TO THE PUBLIC OF 38 AUDIO-VISUAL COVERAGE OUTWEIGH THE RISKS PRESENTED BY SUCH COVERAGE: (I) 39 A FAMILY COURT PROCEEDING, OTHER THAN ONE BROUGHT PURSUANT TO ARTICLE 40 THREE OF THE FAMILY COURT ACT; (II) ANY PROCEEDING WHERE AUDIO-VISUAL 41 COVERAGE IS LIKELY TO HAVE A SUBSTANTIAL ADVERSE EFFECT ON THE WELFARE 42 OF A CHILD, OTHER THAN A CRIMINAL PROCEEDING OR ONE BROUGHT PURSUANT TO 43 ARTICLE THREE OF THE FAMILY COURT ACT. 44 (D) A REQUEST FOR AUDIO-VISUAL COVERAGE MADE AFTER THE COMMENCEMENT OF 45 A TRIAL PROCEEDING IN WHICH A JURY IS SITTING SHALL NOT BE GRANTED 46 UNLESS, (I) COUNSEL FOR ALL PARTIES TO THE PROCEEDING CONSENT TO SUCH 47 COVERAGE, OR (II) THE REQUEST IS FOR COVERAGE OF THE VERDICT AND/OR 48 SENTENCING IN SUCH PROCEEDING. 49 4. SUPERVISION OF AUDIO-VISUAL COVERAGE; MANDATORY PRETRIAL CONFER- 50 ENCE; JUDICIAL DISCRETION. (A) AUDIO-VISUAL COVERAGE OF A COURT PROCEED- 51 ING SHALL BE SUBJECT TO THE SUPERVISION OF THE PRESIDING TRIAL JUDGE. 52 IN SUPERVISING AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS, IN PARTICULAR 53 ANY WHICH INVOLVE LEWD MATTERS, A PRESIDING TRIAL JUDGE SHALL, WHERE 54 NECESSARY FOR THE PROTECTION OF ANY PARTICIPANT OR TO PRESERVE THE 55 WELFARE OF A MINOR, PROHIBIT ALL OR ANY PART OF THE AUDIO-VISUAL COVER- 56 AGE OF SUCH PARTICIPANT, MINOR OR EXHIBIT. S. 2904 4 1 (B) A PRETRIAL CONFERENCE SHALL BE HELD IN EACH CASE IN WHICH 2 AUDIO-VISUAL COVERAGE OF A PROCEEDING HAS BEEN APPROVED. AT SUCH 3 CONFERENCE THE PRESIDING TRIAL JUDGE SHALL REVIEW, WITH COUNSEL AND THE 4 NEWS MEDIA WHO WILL PARTICIPATE IN THE AUDIO-VISUAL COVERAGE, THE 5 RESTRICTIONS TO BE IMPOSED. COUNSEL SHALL CONVEY TO THE COURT ANY 6 CONCERNS OF PROSPECTIVE WITNESSES WITH RESPECT TO AUDIO-VISUAL COVERAGE. 7 (C) THERE SHALL BE NO LIMITATION ON THE EXERCISE OF DISCRETION UNDER 8 THIS SUBDIVISION EXCEPT AS PROVIDED BY LAW. THE PRESIDING TRIAL JUDGE 9 MAY AT ANY TIME MODIFY OR REVERSE ANY PRIOR ORDER OR DETERMINATION. 10 5. CONSENT. (A) AUDIO-VISUAL COVERAGE OF ARRAIGNMENTS, BAIL HEARINGS, 11 SUPPRESSION HEARINGS, AND PRELIMINARY HEARINGS IN CRIMINAL CASES, AND 12 ALL PROCEEDINGS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT PRIOR 13 TO A FACT-FINDING HEARING SHALL BE PERMITTED ONLY WITH THE CONSENT OF 14 ALL PARTIES TO THE PROCEEDING; PROVIDED, HOWEVER, WHERE A PARTY IS NOT 15 YET REPRESENTED BY COUNSEL CONSENT MAY NOT BE GIVEN UNLESS THE PARTY HAS 16 BEEN ADVISED OF HIS OR HER RIGHT TO THE AID OF COUNSEL PURSUANT TO 17 SUBDIVISION FOUR OF SECTION 170.10 OR SECTION 180.10 OF THE CRIMINAL 18 PROCEDURE LAW AND THE PARTY HAS AFFIRMATIVELY ELECTED TO PROCEED WITHOUT 19 COUNSEL AT SUCH PROCEEDING. 20 (B) COUNSEL TO EACH PARTY IN A TRIAL PROCEEDING SHALL ADVISE EACH 21 NONPARTY WITNESS OR VICTIM THAT HE OR SHE HAS THE RIGHT TO REQUEST THAT 22 HIS OR HER IMAGE BE VISUALLY AND/OR AURALLY OBSCURED DURING SAID 23 WITNESS' TESTIMONY, AND UPON SUCH REQUEST THE PRESIDING TRIAL JUDGE 24 SHALL ORDER THE NEWS MEDIA TO VISUALLY AND/OR AURALLY OBSCURE THE 25 WITNESS IN ANY AND ALL AUDIO-VISUAL COVERAGE OF THE JUDICIAL PROCEEDING. 26 6. RESTRICTIONS RELATING TO EQUIPMENT AND PERSONNEL; SOUND AND LIGHT 27 CRITERIA. WHERE AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS IS AUTHOR- 28 IZED PURSUANT TO THIS SECTION, THE FOLLOWING RESTRICTIONS SHALL BE 29 OBSERVED: 30 (A) EQUIPMENT AND PERSONNEL: 31 (I) NO MORE THAN TWO ELECTRONIC OR MOTION PICTURE CAMERAS AND TWO 32 CAMERA OPERATORS SHALL BE PERMITTED IN ANY PROCEEDING. 33 (II) NO MORE THAN ONE PHOTOGRAPHER TO OPERATE TWO STILL CAMERAS WITH 34 NOT MORE THAN TWO LENSES FOR EACH CAMERA SHALL BE PERMITTED IN ANY 35 PROCEEDING. 36 (III) NO MORE THAN ONE AUDIO SYSTEM FOR BROADCAST PURPOSES AND ONE 37 AUDIO SYSTEM OPERATOR SHALL BE PERMITTED IN ANY PROCEEDING. AUDIO PICKUP 38 FOR ALL MEDIA PURPOSES SHALL BE EFFECTUATED THROUGH EXISTING AUDIO 39 SYSTEMS IN THE COURT FACILITY. IF NO TECHNICALLY SUITABLE AUDIO SYSTEM 40 IS AVAILABLE, MICROPHONES AND RELATED WIRING ESSENTIAL FOR MEDIA 41 PURPOSES SHALL BE SUPPLIED BY THOSE PERSONS PROVIDING AUDIO-VISUAL 42 COVERAGE. ANY MICROPHONES AND SOUND WIRING SHALL BE UNOBTRUSIVE AND 43 LOCATED IN PLACES DESIGNATED BY THE PRESIDING TRIAL JUDGE. 44 (IV) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I), (II) AND 45 (III) OF THIS PARAGRAPH, THE PRESIDING TRIAL JUDGE MAY MODIFY HIS 46 ORIGINAL ORDER TO INCREASE OR DECREASE THE AMOUNT OF EQUIPMENT THAT WILL 47 BE PERMITTED INTO A COURTROOM ON A FINDING OF SPECIAL CIRCUMSTANCES SO 48 LONG AS IT WILL NOT IMPAIR THE DIGNITY OF THE COURT OR THE JUDICIAL 49 PROCESS. 50 (V) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I), (II) AND 51 (III) OF THIS PARAGRAPH, THE EQUIPMENT AUTHORIZED THEREIN SHALL NOT BE 52 ADMITTED INTO A COURT PROCEEDING UNLESS ALL PERSONS INTERESTED IN 53 PROVIDING AUDIO-VISUAL COVERAGE OF SUCH PROCEEDINGS SHALL HAVE ENTERED 54 INTO POOLING ARRANGEMENTS FOR THEIR RESPECTIVE GROUPS. FURTHERMORE, A 55 POOL OPERATOR FOR THE ELECTRONIC AND MOTION PICTURE MEDIA AND A POOL 56 OPERATOR FOR THE STILL PHOTOGRAPHY MEDIA SHALL BE SELECTED, AND PROCE- S. 2904 5 1 DURES FOR COST SHARING AND DISSEMINATION OF AUDIO-VISUAL MATERIAL ESTAB- 2 LISHED. THE COURT SHALL NOT BE CALLED UPON TO MEDIATE OR RESOLVE ANY 3 DISPUTE AS TO SUCH ARRANGEMENTS. IN MAKING POOLING ARRANGEMENTS, CONSID- 4 ERATION SHALL BE GIVEN TO EDUCATIONAL USERS' NEEDS FOR FULL COVERAGE OF 5 ENTIRE PROCEEDINGS. 6 (B) SOUND AND LIGHT CRITERIA: 7 (I) ONLY ELECTRONIC AND MOTION PICTURE CAMERAS, AUDIO EQUIPMENT AND 8 STILL CAMERA EQUIPMENT WHICH DO NOT PRODUCE DISTRACTING SOUND OR LIGHT 9 SHALL BE EMPLOYED TO COVER JUDICIAL PROCEEDINGS. THE CHIEF ADMINISTRATOR 10 OF THE COURTS SHALL PROMULGATE A LIST OF ACCEPTABLE EQUIPMENT MODELS. 11 (II) NO MOTORIZED DRIVES SHALL BE PERMITTED, AND NO MOVING LIGHTS, 12 FLASH ATTACHMENTS, OR SUDDEN LIGHTING CHANGES SHALL BE PERMITTED DURING 13 JUDICIAL PROCEEDINGS. 14 (III) NO LIGHT OR SIGNAL VISIBLE OR AUDIBLE TO TRIAL PARTICIPANTS 15 SHALL BE USED ON ANY EQUIPMENT DURING AUDIO-VISUAL COVERAGE TO INDICATE 16 WHETHER IT IS OPERATING. 17 (IV) IT SHALL BE THE AFFIRMATIVE DUTY OF ANY PERSON DESIRING TO USE 18 EQUIPMENT OTHER THAN THAT AUTHORIZED BY THE CHIEF ADMINISTRATOR TO 19 DEMONSTRATE TO THE PRESIDING TRIAL JUDGE, ADEQUATELY IN ADVANCE OF ANY 20 PROCEEDING, THAT THE EQUIPMENT SOUGHT TO BE UTILIZED MEETS ACCEPTABLE 21 SOUND AND LIGHT CRITERIA. A FAILURE TO OBTAIN ADVANCE JUDICIAL APPROVAL 22 FOR EQUIPMENT SHALL PRECLUDE ITS USE IN ANY PROCEEDING. 23 (V) WITH THE CONCURRENCE OF THE PRESIDING TRIAL JUDGE MODIFICATIONS 24 AND ADDITIONS MAY BE MADE TO LIGHT SOURCES EXISTING IN THE FACILITY, 25 PROVIDED SUCH MODIFICATION OR ADDITIONS ARE INSTALLED AND MAINTAINED AT 26 THE EXPENSE OF THE NEWS MEDIA WHO ARE PROVIDING AUDIO-VISUAL COVERAGE 27 AND PROVIDED THEY ARE NOT DISTRACTING OR OTHERWISE OFFENSIVE. 28 (C) LOCATION OF EQUIPMENT AND PERSONNEL. CAMERAS, EQUIPMENT AND 29 PERSONNEL SHALL BE POSITIONED IN LOCATIONS DESIGNATED BY THE PRESIDING 30 TRIAL JUDGE. 31 (I) ALL AUDIO-VISUAL COVERAGE OPERATORS SHALL ASSUME THEIR ASSIGNED, 32 FIXED POSITION WITHIN THE DESIGNATED AREA AND ONCE ESTABLISHED IN SUCH 33 POSITION, SHALL ACT IN A MANNER SO AS NOT TO CALL ATTENTION TO THEIR 34 ACTIVITIES. 35 (II) THE AREAS SO DESIGNATED SHALL PROVIDE REASONABLE ACCESS TO COVER- 36 AGE WITH THE LEAST POSSIBLE INTERFERENCE WITH COURT PROCEEDINGS. EQUIP- 37 MENT THAT IS NOT NECESSARY FOR AUDIO-VISUAL COVERAGE FROM INSIDE THE 38 COURTROOM SHALL BE LOCATED IN AN AREA OUTSIDE THE COURTROOM. 39 (D) MOVEMENT OF EQUIPMENT DURING PROCEEDINGS. EQUIPMENT SHALL NOT BE 40 PLACED IN, MOVED ABOUT OR REMOVED FROM THE COURTROOM, AND RELATED 41 PERSONNEL SHALL NOT MOVE ABOUT THE COURTROOM, EXCEPT PRIOR TO COMMENCE- 42 MENT OR AFTER ADJOURNMENT OF PROCEEDINGS EACH DAY, OR DURING A RECESS. 43 CAMERA FILM AND LENSES SHALL BE CHANGED ONLY DURING A RECESS IN 44 PROCEEDINGS. 45 7. RESTRICTIONS ON AUDIO-VISUAL COVERAGE. NOTWITHSTANDING THE INITIAL 46 APPROVAL OF A REQUEST FOR AUDIO-VISUAL COVERAGE OF ANY COURT PROCEEDING, 47 THE PRESIDING TRIAL JUDGE SHALL HAVE DISCRETION THROUGHOUT THE PROCEED- 48 ING TO REVOKE SUCH APPROVAL OR LIMIT SUCH COVERAGE, AND MAY WHERE APPRO- 49 PRIATE EXERCISE SUCH DISCRETION TO LIMIT, RESTRICT OR PROHIBIT AUDIO OR 50 VIDEO BROADCAST OR PHOTOGRAPHY OF ANY PART OF THE PROCEEDING IN THE 51 COURTROOM, OR OF THE NAME OR FEATURES OF ANY PARTICIPANT THEREIN. IN ANY 52 CASE, AUDIO-VISUAL COVERAGE SHALL BE LIMITED AS FOLLOWS: 53 (A) NO AUDIO PICKUP OR AUDIO BROADCAST OF CONFERENCES WHICH OCCUR IN A 54 COURT FACILITY BETWEEN ATTORNEYS AND THEIR CLIENTS, BETWEEN CO-COUNSEL 55 OF A CLIENT, OR BETWEEN COUNSEL AND THE PRESIDING TRIAL JUDGE, SHALL BE S. 2904 6 1 PERMITTED WITHOUT THE PRIOR EXPRESS CONSENT OF ALL PARTICIPANTS IN THE 2 CONFERENCE; 3 (B) NO CONFERENCE IN CHAMBERS SHALL BE SUBJECT TO AUDIO-VISUAL COVER- 4 AGE; 5 (C) NO AUDIO-VISUAL COVERAGE OF THE SELECTION OF THE PROSPECTIVE JURY 6 DURING VOIR DIRE SHALL BE PERMITTED; 7 (D) NO AUDIO-VISUAL COVERAGE OF THE JURY, OR OF ANY JUROR OR ALTERNATE 8 JUROR, WHILE IN THE JURY BOX, IN THE COURTROOM, IN THE JURY DELIBERATION 9 ROOM DURING RECESS, OR WHILE GOING TO OR FROM THE DELIBERATION ROOM IN 10 THE COURTHOUSE AT ANY TIME SHALL BE PERMITTED; PROVIDED, HOWEVER, THAT, 11 UPON CONSENT OF THE FOREPERSON OF A JURY, THE PRESIDING TRIAL JUDGE MAY, 12 IN HIS OR HER DISCRETION, PERMIT AUDIO COVERAGE OF SUCH FOREPERSON 13 DELIVERING A VERDICT; 14 (E) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A 15 PEACE OR POLICE OFFICER ACTED IN A COVERT OR UNDERCOVER CAPACITY IN 16 CONNECTION WITH THE INSTANT COURT PROCEEDING, WITHOUT THE PRIOR WRITTEN 17 CONSENT OF SUCH WITNESS; 18 (F) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A 19 PEACE OR POLICE OFFICER IS CURRENTLY ENGAGED IN A COVERT OR UNDERCOVER 20 CAPACITY, WITHOUT THE PRIOR WRITTEN CONSENT OF SUCH WITNESS; 21 (G) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A CHILD, OTHER THAN 22 IN A CRIMINAL PROCEEDING OR A PROCEEDING PURSUANT TO ARTICLE THREE OF 23 THE FAMILY COURT ACT OR OF THE VICTIM IN A PROSECUTION FOR RAPE, CRIMI- 24 NAL SEXUAL ACT, SEXUAL ABUSE OR OTHER SEX OFFENSE UNDER ARTICLE ONE 25 HUNDRED THIRTY OR SECTION 255.25 OF THE PENAL LAW; NOTWITHSTANDING THE 26 INITIAL APPROVAL OF A REQUEST FOR AUDIO-VISUAL COVERAGE OF SUCH A 27 PROCEEDING, THE PRESIDING TRIAL JUDGE SHALL HAVE DISCRETION THROUGHOUT 28 THE PROCEEDING TO LIMIT ANY COVERAGE WHICH WOULD IDENTIFY SUCH CHILD OR 29 VICTIM, EXCEPT THAT SUCH CHILD, OR HIS OR HER PARENT, LEGAL GUARDIAN OR 30 LEGAL CUSTODIAN, OR VICTIM CAN REQUEST OF THE PRESIDING TRIAL JUDGE THAT 31 AUDIO-VISUAL COVERAGE BE PERMITTED OF HIS OR HER TESTIMONY, OR IN THE 32 ALTERNATIVE THE VICTIM CAN REQUEST THAT COVERAGE OF HIS OR HER TESTIMONY 33 BE PERMITTED BUT THAT HIS OR HER IMAGE SHALL BE VISUALLY AND/OR AURALLY 34 OBSCURED BY THE NEWS MEDIA, AND THE PRESIDING TRIAL JUDGE SHALL GRANT 35 THE REQUEST OF SUCH CHILD OR VICTIM FOR THE COVERAGE SPECIFIED; 36 (H) NO AUDIO-VISUAL COVERAGE OF ANY ARRAIGNMENT, BAIL HEARING, 37 SUPPRESSION HEARING, OR PRELIMINARY HEARING IN A CRIMINAL CASE, AND ALL 38 PROCEEDINGS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT PRIOR TO A 39 FACT-FINDING HEARING, SHALL BE PERMITTED WITHOUT THE PRIOR CONSENT OF 40 ALL PARTIES TO THE PROCEEDING; PROVIDED, HOWEVER, WHERE A PARTY IS NOT 41 YET REPRESENTED BY COUNSEL CONSENT MAY NOT BE GIVEN UNLESS THE PARTY HAS 42 BEEN ADVISED OF HIS OR HER RIGHT TO THE AID OF COUNSEL PURSUANT TO 43 SUBDIVISION FOUR OF SECTION 170.10 OR 180.10 OF THE CRIMINAL PROCEDURE 44 LAW AND THE PARTY HAS AFFIRMATIVELY ELECTED TO PROCEED WITHOUT COUNSEL 45 AT SUCH PROCEEDING; 46 (I) NO JUDICIAL PROCEEDING SHALL BE SCHEDULED, DELAYED, REENACTED OR 47 CONTINUED AT THE REQUEST OF, OR FOR THE CONVENIENCE OF THE NEWS MEDIA; 48 (J) NO AUDIO-VISUAL COVERAGE OF ANY PARTICIPANT SHALL BE PERMITTED IF 49 THE PRESIDING TRIAL JUDGE FINDS THAT SUCH COVERAGE IS LIABLE TO ENDANGER 50 THE SAFETY OF ANY PERSON; 51 (K) NO AUDIO-VISUAL COVERAGE OF ANY JUDICIAL PROCEEDINGS WHICH ARE BY 52 LAW CLOSED TO THE PUBLIC, OR WHICH MAY BE CLOSED TO THE PUBLIC AND WHICH 53 HAVE BEEN CLOSED BY THE PRESIDING TRIAL JUDGE SHALL BE PERMITTED; AND 54 (L) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED WHICH FOCUSES ON OR 55 FEATURES A FAMILY MEMBER OF A VICTIM IN THE TRIAL OF A CRIMINAL CASE, 56 EXCEPT WHILE SUCH FAMILY MEMBER IS TESTIFYING. AUDIO-VISUAL COVERAGE S. 2904 7 1 OPERATORS SHALL MAKE ALL REASONABLE EFFORTS TO DETERMINE THE IDENTITY OF 2 SUCH PERSONS, SO THAT SUCH COVERAGE SHALL NOT OCCUR. 3 8. VIOLATIONS. ANY VIOLATION OF AN ORDER OR DETERMINATION ISSUED UNDER 4 THIS SECTION SHALL BE PUNISHABLE AS A CONTEMPT PURSUANT TO ARTICLE NINE- 5 TEEN OF THIS CHAPTER. 6 9. TRAINING. THE OFFICE OF COURT ADMINISTRATION SHALL ESTABLISH AN 7 EDUCATIONAL PROGRAM FOR ALL JUDGES AND JUSTICES OF THE UNIFIED COURT 8 SYSTEM TO INSURE THAT SUCH JUDGES AND JUSTICES ARE AWARE OF THE 9 PROVISIONS OF THIS SECTION AND OF ANY IMPLEMENTING RULES, REGULATIONS 10 AND GUIDELINES. 11 10. RULES AND REGULATIONS. THE CHIEF ADMINISTRATOR SHALL PROMULGATE 12 APPROPRIATE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE 13 PROVISIONS OF THIS SECTION AFTER AFFORDING ALL INTERESTED PERSONS, AGEN- 14 CIES AND INSTITUTIONS AN OPPORTUNITY TO REVIEW AND COMMENT THEREON. 15 SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS TO ENSURE THAT AUDI- 16 O-VISUAL COVERAGE OF TRIAL PROCEEDINGS SHALL NOT INTERFERE WITH THE 17 DECORUM AND DIGNITY OF COURTROOMS AND COURT FACILITIES. 18 11. MONITORING. THE OFFICE OF COURT ADMINISTRATION SHALL MONITOR THE 19 PROVISIONS OF THIS SECTION. IN DISCHARGE OF THIS DUTY, IT SHALL (A) 20 RECEIVE AND INVESTIGATE COMPLAINTS FROM TRIAL PARTICIPANTS, INCLUDING 21 JUDGES, ATTORNEYS AND JURORS, AND FROM MEMBERS OF THE PUBLIC AND THE 22 NEWS MEDIA IN CONNECTION WITH THE AUDIO-VISUAL COVERAGE OF JUDICIAL 23 PROCEEDINGS; (B) CONDUCT PERIODIC SURVEYS OF ATTORNEYS WHO HAVE PARTIC- 24 IPATED IN JUDICIAL PROCEEDINGS SUBJECT TO AUDIO-VISUAL COVERAGE TO 25 OBTAIN THEIR RESPECTIVE EVALUATIONS OF THE IMPACT OF SUCH COVERAGE UPON 26 THE PROCEEDINGS; AND (C) COMPILE DATA ON EACH APPLICATION FOR AUDIO-VI- 27 SUAL COVERAGE OF JUDICIAL PROCEEDINGS INCLUDING BUT NOT LIMITED TO THE 28 FOLLOWING INFORMATION: (I) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF 29 THE APPLICANT, THE JUDGE TO WHOM THE APPLICATION WAS MADE AND THE ATTOR- 30 NEYS FOR THE PARTIES TO THE PROCEEDING INVOLVED; (II) THE COURT IN WHICH 31 THE APPLICATION WAS MADE; (III) PARTICULARS AS TO THE TYPE OF ACTION 32 INVOLVED (INCLUDING WHETHER IT WAS CIVIL OR CRIMINAL AND WHAT THE PRIN- 33 CIPAL CAUSES OF ACTION OR OFFENSES CHARGED WERE) AND THE STAGE OR STAGES 34 OF SUCH ACTION FOR WHICH COVERAGE WAS SOUGHT; (IV) THE NATURE AND EXTENT 35 OF THE COVERAGE APPLIED FOR; (V) WHETHER OBJECTIONS WERE MADE AND, IF 36 SO, BY WHOM AND ON WHAT GROUNDS; (VI) WHETHER THE APPLICATION WAS GRANT- 37 ED OR DENIED AND, IF GRANTED, WHAT IF ANY LIMITATIONS WERE IMPOSED ON 38 COVERAGE; (VII) WHERE THE APPLICATION WAS GRANTED, WHETHER SUCH GRANT 39 WAS SUBSEQUENTLY REVOKED OR MODIFIED; (VIII) THE NUMBER OF WITNESSES AND 40 VICTIMS, IF ANY, WHO REQUESTED THAT THEIR IMAGES AND/OR VOICES BE 41 OBSCURED; (IX) IF THE APPLICATION WAS MADE FOR COVERAGE OF A CRIMINAL 42 PROCEEDING, THE NATURE OF ANY SECURING ORDER ISSUED THEREIN AND THE 43 OUTCOME OF THE PROCEEDING INCLUDING THE DISPOSITION OF THE CHARGES THER- 44 EIN AND, IF THE DEFENDANT WAS CONVICTED WHAT SENTENCE WAS IMPOSED; (X) 45 WHETHER ANY COMPLAINTS WERE FILED WITH THE OFFICE OF COURT ADMINIS- 46 TRATION PURSUANT TO THIS SUBDIVISION AND, IF SO, THE NATURE OF SUCH 47 COMPLAINT. ALL INFORMATION AND DATA COLLECTED AND COMPILED PURSUANT TO 48 THIS SUBDIVISION FOR A CALENDAR YEAR SHALL BE INCLUDED IN THE REPORT OF 49 THE CHIEF ADMINISTRATIVE JUDGE FOR THAT YEAR REQUIRED BY PARAGRAPH (J) 50 OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THIS ARTICLE. 51 S 2. This act shall take effect immediately, provided, however, that 52 subdivisions one through eight and subdivision eleven of section 218 of 53 the judiciary law as added by section one of this act shall take effect 54 on the one hundred twentieth day after it shall have become a law.