Bill Text: NY S06798 | 2023-2024 | General Assembly | Amended

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Bill Title: Permits certain defendants in a criminal action in Delaware, Otsego or Schoharie county to appear electronically, with the approval of the court.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-21 - SUBSTITUTED BY A6738A [S06798 Detail]

Download: New_York-2023-S06798-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6798--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 10, 2023
                                       ___________

        Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
          printed  to  be  committed to the Committee on Codes -- recommitted to
          the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the criminal procedure law, in  relation  to  permitting
          certain  defendants  in a criminal action in Delaware, Otsego or Scho-
          harie county to appear electronically, with the approval of the court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 182.20 of the criminal procedure
     2  law, as separately amended by chapters 387 and 426 of the laws of  2023,
     3  is amended to read as follows:
     4    1.  Notwithstanding  any other provision of law and except as provided
     5  in section 182.30 of this article, the court,  in  its  discretion,  may
     6  dispense  with  the  personal  appearance  of  the  defendant, except an
     7  appearance at a hearing or trial, and conduct an  electronic  appearance
     8  in  connection  with a criminal action pending in Albany, Bronx, Broome,
     9  Erie, Jefferson, Kings, New York, Niagara,  Oneida,  Onondaga,  Ontario,
    10  Orange,  Orleans,  Putnam,  Queens,  Richmond,  Rockland,  Saratoga, St.
    11  Lawrence, Seneca, Steuben, Tompkins, Chautauqua,  Cattaraugus,  Clinton,
    12  Essex,  Montgomery,  Rensselaer, Sullivan, Warren, Westchester, Suffolk,
    13  Herkimer, Franklin, Chemung, Schuyler, [or] Yates, Delaware,  Otsego  or
    14  Schoharie  county,  provided  that the chief administrator of the courts
    15  has authorized the use of electronic appearance and the defendant, after
    16  consultation with counsel, consents on the record. Such consent shall be
    17  required at the commencement of each electronic appearance to such elec-
    18  tronic appearance.
    19    § 2. This act shall take effect immediately; provided,  however,  that
    20  the amendments to subdivision 1 of section 182.20 of the criminal proce-
    21  dure  law made by section one of this act shall not affect the repeal of
    22  such section and shall be deemed repealed therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10290-03-4