Provides for electronic court appearance in a criminal action, anywhere in the state, in the discretion of the court having jurisdiction of the defendant; provides that the defendant must, after consultation with counsel, consent on the record; provides that the chief administrator of the courts must first approve the use of such electronic appearance.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to electronic court appearance statewide
PURPOSE OR GENERAL IDEA OF BILL: Allows for electronic court appearance in any county of the State, except an appearance at a hearing or trial, to expedite criminal proceedings and conserve court resources
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 182.20 of the Criminal Procedure Law, as amended by chapter 167 of the laws of 2004, to authorize electronic court appearances of defendants during certain procedures in criminal cases, except an appearance to a hearing or trial.
Section 2 states that the effective date.
JUSTIFICATION: Currently, twenty-six counties are authorized to conduct electronic appearances in lieu of personal appearances by a defendant in criminal court procedures. These counties are: Albany, Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clinton, Montgomery, Rensselaer, Warren, Westchester, Franklin, Orange, Essex, Suffolk, and Herkimer.
Allowing defendants to "appear" for proceedings, other than hearings or trials, through the use of audiovisual technology expedites cases and conserves resources. It not only streamlines proceedings but also reduces costs associated with the transportation of prisoners. This bill would allow all counties to take advantage of current technology without first requiring them to seek a legislative amendment that permits them to do so.
PRIOR LEGISLATIVE HISTORY: A.4331 of 2009/2010 A.1660 of 2007/2008 A.488 of 2005/2006 A.8493 of 2003/2004
FISCAL IMPLICATIONS: Negligible impact on the State.
EFFECTIVE DATE: This act shall take effect immediately, provided, however, that the amendment to subdivision 1 of section 182.20 of the Criminal Procedure Law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
STATE OF NEW YORK ________________________________________________________________________ 6019 IN SENATE (PREFILED) January 4, 2012 ___________Introduced by Sen. GRIFFO -- 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 electronic court appearance statewide THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 182.20 of the criminal procedure law, as amended by chapter 332 of the laws of 2009, is amended to read as follows: 1. Notwithstanding any other provision of law and except as provided in section 182.30 of this article, the court, in its discretion, may dispense with the personal appearance of the defendant, except an appearance at a hearing or trial, and conduct an electronic appearance in connection with a criminal action
[pending in Albany, Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau- gus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester, Suffolk, Herkimer or Franklin county], provided that the chief adminis- trator of the courts has authorized the use of electronic appearance and the defendant, after consultation with counsel, consents on the record. Such consent shall be required at the commencement of each electronic appearance to such electronic appearance. S 2. This act shall take effect immediately, provided, however, that the amendment to subdivision 1 of section 182.20 of the criminal proce- dure law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04159-01-1