Bill Text: NY A10493 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to conducting hearings on a felony complaint during a state disaster emergency; appearances of any party or witness may be by electronic means so long as the judge is able to hear and see the image of each witness and such appearance is comparable to such witness being present in the courtroom.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2020-05-27 - substituted by s8414 [A10493 Detail]

Download: New_York-2019-A10493-Introduced.html

                STATE OF NEW YORK


                   IN ASSEMBLY

                                      May 22, 2020

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
          read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in  relation  to  conducting
          hearings  on a felony complaint during a state disaster emergency; 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:

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 180.65 to read as follows:
     3  § 180.65 Hearing upon  felony  complaint;  emergency  provision   during
     4              disaster emergency.
     5    During  the  period  of  the  COVID-19  state  disaster  emergency, as
     6  declared pursuant to executive order number two hundred two of two thou-
     7  sand twenty and extensions thereof and article two-B  of  the  executive
     8  law, the following additional provisions shall apply to the conduct of a
     9  hearing on a felony complaint pursuant to this article:
    10    1.  The appearance of any party and any witness at such hearing may be
    11  by electronic appearance through an independent audio-visual system,  as
    12  such  terms are defined in section 182.10 of this title, where the court
    13  finds after hearing from the parties and any  such  witness,  either  in
    14  person  or  by  electronic  appearance, that due to the person's circum-
    15  stances and such disaster emergency a personal appearance by such  party
    16  or witness would be an unreasonable hardship to such person or witness.
    17    2. At any such hearing on the felony complaint, the judge must be able
    18  to hear and see the image of each witness clearly though the independent
    19  audio-visual  system and such sound and visual image shall be similar to
    20  the sound and image the judge would hear and see  if  the  witness  were
    21  present together with the judge testifying in the courtroom.  Documents,
    22  photographs  and  the like offered at the hearing may be exchanged among
    23  the parties by electronic means. A stenographic transcription or  appro-
    24  priate  audio  recording of the proceedings shall be maintained, and the
    25  live testimony received by electronic appearance, and  other  electronic
    26  appearances where practicable, shall be video recorded.

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

        A. 10493                            2

     1    3. The authority for an electronic appearance pursuant to this section
     2  shall  be  considered  sufficient means to enable the court to conduct a
     3  hearing on a felony complaint within the meaning of  section  180.80  of
     4  this article.
     5    §  2.  The opening paragraph of subdivision 3 of section 180.80 of the
     6  criminal procedure law is designated paragraph (a) and a  new  paragraph
     7  (b) is added to read as follows:
     8    (b) In the event of a state disaster emergency, declared in accordance
     9  with  article  two-B  of  the executive law, electronic appearances at a
    10  hearing on a felony complaint shall be governed  by  section  180.65  of
    11  this article.
    12    §  3.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law and shall expire and be deemed repealed on  April  30,
    14  2021.