Bill S2242-2013

Provides for statewide video arraignments; repealer

Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment whenever such defendant is being held at a secure location outside the courthouse and conduct an electronic arraignment.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 15, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2242

TITLE OF BILL: An act to amend the criminal procedure law, in relation to the use of video monitoring equipment to conduct arraignments; and to repeal article 185 of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: To allow electronic arraignment for defendants being held in a secure location outside the court house provided the chief administrator of the courts has authorized the use of electronic arraignment.

SUMMARY OF SPECIFIC PROVISIONS: Article 165 of the Criminal Procedure Law is repealed and a new Article 185 is added,

JUSTIFICATION: Currently, defendants must be physically present during arraignment proceedings which sometimes result in great cost to the county in which the proceedings are being held. The county holding arraignment proceedings must bear the cost of transporting defendants from a secure location to the court for the defendants' personal appearance. This is a significant cost co the county which is host to such proceedings.

With today's modern technology it is possible to hold arraignment proceedings through an audio-visual system whenever the defendant is being held at a secure location outside the court house. This bill would allow for such electronic arraignments provided that the chief administrator of the courts has authorized the use of electronic arraignments for the court.

Stenographic recordings of the arraignment will be made to the same extent as if the defendant made a personal appearance to the arraignment. All audio-visual systems will be tested and inspected by the Commission on Cable Television upon installation and every two years thereafter.

LEGISLATIVE HISTORY: 2011,2012: S.837 Referred to Codes 2009,2010: S.4681 Referred to Codes 2007,2008: S.2691/A.4237 Referred to Codes 2006: A.10306 Held in Codes

FISCAL IMPLICATIONS: Other than the original cost of electronic arraignment equipment and installation, the Counties will save money from the transportation costs of defendants from secure locations outside the court house to the court house.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2242 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sens. YOUNG, BONACIC, DeFRANCISCO, RANZENHOFER -- 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 the use of video monitoring equipment to conduct arraignments; and to repeal article 185 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 185 of the criminal procedure law is REPEALED and a new article 185 is added to read as follows: ARTICLE 185 ALTERNATE METHOD OF ARRAIGNMENT SECTION 185.10 DEFINITION OF TERMS. 185.20 ELECTRONIC ARRAIGNMENT. 185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT. 185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS. S 185.10 DEFINITION OF TERMS. AS USED IN THIS ARTICLE: 1. "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER SUITABLE MEANS TO PRECLUDE THE UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY COMMERCIALLY AVAILABLE TELEVISION RECEIVERS OR MONITORS, CHANNEL CONVERTERS, OR OTHER AVAILABLE RECEIVING DEVICES. 2. "ELECTRONIC ARRAIGNMENT" MEANS AN ARRAIGNMENT IN WHICH VARIOUS PARTICIPANTS, INCLUDING THE DEFENDANT, ARE NOT PERSONALLY PRESENT IN THE COURT BUT IN WHICH ALL OF THE PARTICIPANTS ARE SIMULTANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF THE JUDGE, COUN-
SELS, DEFENDANT, POLICE OFFICER AND ANY OTHER APPROPRIATE PARTICIPANT, BY MEANS OF AN INDEPENDENT AUDIO-VISUAL SYSTEM. 3. "SECURE LOCATION" MEANS ANY FACILITY USED BY THE STATE, COUNTY, CITY, TOWN OR VILLAGE LAW ENFORCEMENT ENTITY TO TEMPORARILY HOLD A PERSON NOT RELEASED ON HIS OR HER OWN RECOGNIZANCE AND GIVEN AN APPEAR- ANCE TICKET OR SUMMONS PENDING ARRAIGNMENT ON AN ACCUSATORY INSTRUMENT. S 185.20 ELECTRONIC ARRAIGNMENT. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION NINE OF SECTION 1.20, SECTIONS 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10 AND 180.10 OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW AS THEY PERTAIN TO A DEFENDANT'S PERSONAL APPEARANCE AT ARRAIGNMENT, THE COURT IN ITS DISCRETION MAY DISPENSE WITH THE DEFENDANT'S PERSONAL APPEARANCE AT THE ARRAIGNMENT WHENEVER SUCH DEFENDANT IS BEING HELD AT A SECURE LOCATION OUTSIDE THE COURT HOUSE AND CONDUCT AN ELECTRONIC ARRAIGNMENT, PROVIDED THAT THE CHIEF ADMINISTRATOR OF THE COURTS HAS AUTHORIZED THE USE OF ELECTRONIC ARRAIGNMENTS FOR THE COURT, PURSUANT TO THE PROVISIONS OF SECTION 185.40 OF THIS ARTICLE. S 185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT. WHENEVER A PERSON IS ARRAIGNED BY MEANS OF AN ELECTRONIC ARRAIGNMENT, THE FOLLOWING CONDITIONS AND LIMITATIONS SHALL APPLY: 1. THE DEFENDANT MAY NOT ENTER A PLEA OF GUILTY; 2. NO ELECTRONIC RECORDING OF AN ELECTRONIC ARRAIGNMENT MAY BE MADE, VIEWED OR INSPECTED EXCEPT AS MAY BE AUTHORIZED BY RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS; AND 3. STENOGRAPHIC RECORDING OF THE ARRAIGNMENT SHALL BE MADE TO THE SAME EXTENT AS IF IT WERE AN ORDINARY ARRAIGNMENT RATHER THAN AN ELECTRONIC ARRAIGNMENT. S 185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS. 1. THE APPROPRIATE ADMINISTRATIVE JUDGE SHALL SUBMIT TO THE CHIEF ADMINISTRATOR OF THE COURTS A WRITTEN PROPOSAL FOR THE USE OF ELECTRONIC ARRAIGNMENTS FOR A PARTICULAR COURT AND THE PRECINCTS UNDER THE JURIS- DICTION OF THAT COURT. IF THE CHIEF ADMINISTRATOR OF THE COURTS APPROVES THE PROPOSAL, INSTALLATION OF AN INDEPENDENT AUDIO-VISUAL SYSTEM MAY BEGIN. 2. UPON COMPLETION OF THE INSTALLATION OF AN INDEPENDENT AUDIO-VISUAL SYSTEM, THE COMMISSION ON CABLE TELEVISION SHALL INSPECT, TEST AND EXAM- INE THE INDEPENDENT AUDIO-VISUAL SYSTEM AND CERTIFY TO THE CHIEF ADMIN- ISTRATOR OF THE COURTS WHETHER THE SYSTEM COMPLIES WITH THE DEFINITION OF AN INDEPENDENT AUDIO-VISUAL SYSTEM AND IS TECHNICALLY SUITABLE FOR THE CONDUCTING OF ELECTRONIC ARRAIGNMENTS AS INTENDED. 3. THE USE BY A COURT OF AN APPROVED INDEPENDENT AUDIO-VISUAL SYSTEM FOR THE PURPOSE OF AUTHORIZED ELECTRONIC ARRAIGNMENTS, SHALL BE INSPECTED SUBJECT TO RENEWAL EVERY TWO YEARS FROM THE DATE OF AUTHORI- ZATION BY THE CHIEF ADMINISTRATOR OF THE COURTS. 4. THE CHIEF ADMINISTRATOR OF THE COURTS MAY WITHDRAW APPROVAL OF THE AUTHORIZATION AT ANY TIME. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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