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 Section 218 of the judiciary law  is  REPEALED  and  a  new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.
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