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.

---

S2242-2013 Actions

• Jan 15, 2013: REFERRED TO CODES

S2242-2013 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Law is repealed and a new Article 185 is added,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.

S2242-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2242

                         2013-2014 Regular Sessions

                              I N  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06844-01-3

 S. 2242                             2

  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.