Bill Text: NY A04200 | 2021-2022 | General Assembly | Amended

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Bill Title: Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A04200 Detail]

Download: New_York-2021-A04200-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4200--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M.  of A. BLANKENBUSH, BRABENEC, B. MILLER, McDONOUGH --
          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend the criminal procedure law, in relation to the use of
          video monitoring equipment to conduct arraignments

          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 amended by chapter 332 of the laws of 2009, is amended  to  read
     3  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, Kings, New  York,  Niagara,  Oneida,  Onondaga,  Ontario,  Orange,
    10  Putnam,  Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
    11  gus,  Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,   Westchester,
    12  Suffolk,  Herkimer  or  Franklin]  any  county,  provided that the chief
    13  administrator of the courts has authorized the use of electronic appear-
    14  ance and the defendant, after consultation with counsel, consents on the
    15  record. Such consent shall be required at the commencement of each elec-
    16  tronic appearance to such electronic appearance.
    17    § 2. This act shall take effect immediately; provided that the  amend-
    18  ments  to  subdivision 1 of section 182.20 of the criminal procedure law
    19  made by section one of this act shall not  affect  the  repeal  of  such
    20  section and shall be deemed repealed therewith.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01557-03-1