Bill S7168-2013

Provides that the chief administrator of the courts may direct the use of mechanical recording of testimony

Provides that the chief administrator of the courts may direct the use of mechanical recording of testimony.

Details

Actions

  • Jun 19, 2014: referred to judiciary
  • Jun 19, 2014: DELIVERED TO ASSEMBLY
  • Jun 19, 2014: PASSED SENATE
  • Jun 19, 2014: ORDERED TO THIRD READING CAL.1614
  • Jun 19, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 1, 2014: REFERRED TO JUDICIARY

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 19, 2014
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Krueger, Montgomery, Parker, Perkins
Ayes W/R (1): Gianaris
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S7168

TITLE OF BILL: An act to amend the judiciary law, in relation to mechanical recording of testimony and proceedings

PURPOSE:

Provides that the Chief Administrator of the Courts may direct the use of mechanical recording of testimony and proceedings in only certain courts.

SUMMARY OF PROVISIONS:

Section 1 - This bill permits the Chief Administrator of the Courts to direct the use of mechanical recording of testimony and of other proceedings in the courts of this State, in lieu of the taking of stenographic notes. However, it specifically prohibits the following courts from using mechanical recording of testimony: a) NYC Supreme Courts Civil Term; b) NYC Supreme Courts Criminal Term; c) NYS Supreme Courts outside the City of New York; d) New York County Courts; e) NYS District Courts, criminal and civil jury trials; f) NYS Family Courts, delinquency cases; g) NYC Civil and Criminal Courts; h) City Courts outside the City of New York; and i) Surrogate Courts, hearing and trial parts.

The bill further provides that in the event there are no transfer or reassignment requests, and no viable eligible list of stenotype court reporters from which to canvas, then an employment announcement shall be issued to fill the position on a provisional or per diem basis. Only then, when such remedies are exhausted and no stenotype court reporters are available, may mechanical recording of testimony be used.

Lastly the bill requires the Chief Administrator of the Courts to report to the Legislature by March 31, 2015 and annually thereafter as to the usage of mechanical recording in the courts during the prior year.

Section 2 - Establishes the effective date

JUSTIFICATION:

On June 30, 1999, legislative authorization permitting limited electronic recording in New York State expired. Since then the Office of Court Administration had administratively authorized mechanical recording without legislative authority.

At least one court (In the Matter of Shanel P., A Person Alleged to be a Juvenile Delinquent, Respondent) has so held). It is necessary for the legislature to determine which courts should have the authority to mechanically record testimony and proceedings.

This legislation is proposed to give the Courts limited authority to mechanically record. The authority is limited to ensure the accuracy of court records for the benefit of the litigants, the courts and the public at large. An accurate record of what occurs in a court proceeding is essential to achieving the goal of a just and fair

result. The preparation of an accurate record supports the integrity of the process and leads to greater confidence by the public in the court system.

LEGISLATIVE HISTORY:

2009-10 S.2046 2007-08 S.7995A

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7168 IN SENATE May 1, 2014 ___________
Introduced by Sen. DeFRANCISCO -- 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 mechanical recording of testimony and proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The judiciary law is amended by adding a new section 290-a to read as follows: S 290-A. MECHANICAL RECORDING OF TESTIMONY AND PROCEEDINGS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRATOR OF THE COURTS MAY DIRECT THE USE OF MECHANICAL RECORDING OF TESTIMONY AND OF OTHER PROCEEDINGS IN EACH CASE, IN LIEU OF THE TAKING OF STENOGRAPHIC NOTES THEREOF, EXCEPT FOR THE COURTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. TRANSCRIPTS PROVIDED BY ELECTRONIC RECORDING TRANSCRIBERS SHALL COMPLY WITH OFFICE OF COURT ADMINISTRATOR TRANSCRIPT FORMATS AND BE GOVERNED BY COURT REPORTER TRANSCRIPT FEES AS PROMULGATED BY THE OFFICE OF COURT ADMINISTRATION. NO MINIMUM FEES SHALL BE CHARGED FOR SAID TRANSCRIPTS. 2. THE FOLLOWING COURTS SHALL BE PROHIBITED FROM USING MECHANICAL RECORDING OF TESTIMONY AND PROCEEDINGS: (A) NEW YORK CITY SUPREME COURTS CIVIL TERM; (B) NEW YORK CITY SUPREME COURTS CRIMINAL TERM; (C) NEW YORK STATE SUPREME COURTS OUTSIDE THE CITY OF NEW YORK; (D) NEW YORK COUNTY COURTS; (E) COURT OF CLAIMS; (F) NEW YORK STATE DISTRICT COURTS, CRIMINAL AND CIVIL JURY TRIALS; (G) NEW YORK STATE FAMILY COURTS; (H) NEW YORK CITY CIVIL AND CRIMINAL COURTS; (I) CITY COURTS OUTSIDE THE CITY OF NEW YORK; (J) SURROGATE COURTS, HEARING AND TRIAL PARTS. 3. IN THE EVENT THERE ARE NO TRANSFER OR REASSIGNMENT REQUESTS, AND NO VIABLE ELIGIBLE LIST OF STENOTYPE COURT REPORTERS FROM WHICH TO CANVASS, THEN AN EMPLOYMENT ANNOUNCEMENT SHALL BE ISSUED TO FILL THE POSITION ON A PROVISIONAL OR PER DIEM BASIS. ONLY THEN, WHEN SUCH REMEDIES ARE
EXHAUSTED AND NO STENOTYPE COURT REPORTERS ARE AVAILABLE, MAY MECHANICAL RECORDING OF TESTIMONY AND PROCEEDINGS BE USED. 4. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL SUBMIT A REPORT TO THE LEGISLATURE NO LATER THAN MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ANNUALLY THEREAFTER. SUCH ANNUAL REPORT TO THE LEGISLATURE SHALL INCLUDE: THE TYPES OF TRIAL COURT PROCEEDINGS IN WHICH MECHANICAL RECORDING IS USED THROUGHOUT THE UNIFIED COURT SYSTEM; AN AUDIT OF ALL ELECTRONIC RECORDING TRANSCRIBERS; AND ALL PURCHASES AND LEASES OF ELEC- TRONIC RECORDING EQUIPMENT THAT SHALL BE USED TO RECORD ALL JUDICIAL PROCEEDINGS. S 2. This act shall take effect immediately.

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