Bill S2343-2013

Creates an electronic arraignment pilot program for the Colonie town court; repealer

Creates an electronic arraignment pilot program for the Colonie town court.

Details

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 16, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2343

TITLE OF BILL: An act to amend the criminal procedure law, in relation to creating an electronic arraignment pilot program and to repeal article 185 of the criminal procedure law relating thereto; and providing for the repeal of such provisions upon expiration thereof

PURPOSE: To allow the Town of Colonie to create a pilot program of electronic arraignment for people awaiting arraignment following an arrest.

SUMMARY OF PROVISIONS: Creates a new Article 185 of the criminal procedure law by repealing an old law and adding a new Article.

JUSTIFICATION: In New York State people under arrest must be arraigned by a judge within 24 hours. In the Town of Colonie, people waiting for arraignment often face delays as Colonie has one of the busiest courts in the Capital District. Defendants awaiting arraignment could avoid such delays if arraignments were offered electronically. Costs associated with holding defendants awaiting arraignment could also be reduced with electronic arraignments, The Town of Colonie and the County of Albany have in place the equipment and technology necessary to implement electronic arraignments. This bill would allow the town and the county to work more efficiently and effectively in this area and help reduce town and county expenses related to arraignments.

LEGISLATIVE HISTORY: 2011/2012 - A.9984/5.7073 Referred to Senate and Assembly Committees on Codes

FISCAL IMPLICATIONS: None to State. Savings to the Town of Colonie and County of Albany.

EFFECTIVE DATE: This act shall take effect January 1, 2014 and shall expire and be deemed repealed January 1, 2016.


Text

STATE OF NEW YORK ________________________________________________________________________ 2343 2013-2014 Regular Sessions IN SENATE January 16, 2013 ___________
Introduced by Sen. BRESLIN -- 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 creating an electronic arraignment pilot program and to repeal article 185 of the criminal procedure law relating thereto; and providing for the repeal of such provisions upon expiration thereof 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 - ALTERNATIVE METHOD OF ARRAIGNMENT SECTION 185.10. ELECTRONIC ARRAIGNMENT PILOT PROGRAM. S 185.10 ELECTRONIC ARRAIGNMENT PILOT PROGRAM. 1. AS USED IN THIS SECTION: (A) "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. (B) "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. (C) "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.
2. THERE IS HEREBY ESTABLISHED AN "ELECTRONIC ARRAIGNMENT PILOT PROGRAM" TO BE ADMINISTERED IN THE TOWN OF COLONIE, COUNTY OF ALBANY. PURSUANT TO THIS PROGRAM AND NOTWITHSTANDING THE PROVISIONS OF SUBDIVI- SION 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 COLONIE TOWN 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 UTILIZING AN INDEPENDENT AUDIO-VISUAL SYSTEM. 3. WHENEVER A PERSON IS ARRAIGNED BY MEANS OF AN ELECTRONIC ARRAIGN- MENT, THE FOLLOWING CONDITIONS AND LIMITATIONS SHALL APPLY: (A) THE DEFENDANT MAY NOT ENTER A PLEA OF GUILTY; (B) 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 (C) STENOGRAPHIC RECORDING OF THE ARRAIGNMENT SHALL BE MADE TO THE SAME EXTENT AS IF IT WERE AN ORDINARY ARRAIGNMENT RATHER THAN AN ELEC- TRONIC ARRAIGNMENT. S 2. This act shall take effect January 1, 2014 and shall expire and be deemed repealed January 1, 2016.

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