Bill Text: NY S00837 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment whenever such defendant is being held at a secure location outside the courthouse and conduct an electronic arraignment.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S00837 Detail]
Download: New_York-2011-S00837-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
837
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. YOUNG, BONACIC, RANZENHOFER -- 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 the use of
video monitoring equipment to conduct arraignments; and to repeal
article 185 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 185 of the criminal procedure law is REPEALED and a
2 new article 185 is added to read as follows:
3 ARTICLE 185
4 ALTERNATE METHOD OF ARRAIGNMENT
5 SECTION 185.10 DEFINITION OF TERMS.
6 185.20 ELECTRONIC ARRAIGNMENT.
7 185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT.
8 185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS.
9 S 185.10 DEFINITION OF TERMS.
10 AS USED IN THIS ARTICLE:
11 1. "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
12 THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
13 ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER SUITABLE MEANS
14 TO PRECLUDE THE UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY
15 COMMERCIALLY AVAILABLE TELEVISION RECEIVERS OR MONITORS, CHANNEL
16 CONVERTERS, OR OTHER AVAILABLE RECEIVING DEVICES.
17 2. "ELECTRONIC ARRAIGNMENT" MEANS AN ARRAIGNMENT IN WHICH VARIOUS
18 PARTICIPANTS, INCLUDING THE DEFENDANT, ARE NOT PERSONALLY PRESENT IN THE
19 COURT BUT IN WHICH ALL OF THE PARTICIPANTS ARE SIMULTANEOUSLY ABLE TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02629-01-1
S. 837 2
1 SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF THE JUDGE, COUN-
2 SELS, DEFENDANT, POLICE OFFICER AND ANY OTHER APPROPRIATE PARTICIPANT,
3 BY MEANS OF AN INDEPENDENT AUDIO-VISUAL SYSTEM.
4 3. "SECURE LOCATION" MEANS ANY FACILITY USED BY THE STATE, COUNTY,
5 CITY, TOWN OR VILLAGE LAW ENFORCEMENT ENTITY TO TEMPORARILY HOLD A
6 PERSON NOT RELEASED ON HIS OR HER OWN RECOGNIZANCE AND GIVEN AN APPEAR-
7 ANCE TICKET OR SUMMONS PENDING ARRAIGNMENT ON AN ACCUSATORY INSTRUMENT.
8 S 185.20 ELECTRONIC ARRAIGNMENT.
9 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION NINE OF SECTION 1.20,
10 SECTIONS 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10
11 AND 180.10 OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW AS THEY PERTAIN
12 TO A DEFENDANT'S PERSONAL APPEARANCE AT ARRAIGNMENT, THE COURT IN ITS
13 DISCRETION MAY DISPENSE WITH THE DEFENDANT'S PERSONAL APPEARANCE AT THE
14 ARRAIGNMENT WHENEVER SUCH DEFENDANT IS BEING HELD AT A SECURE LOCATION
15 OUTSIDE THE COURT HOUSE AND CONDUCT AN ELECTRONIC ARRAIGNMENT, PROVIDED
16 THAT THE CHIEF ADMINISTRATOR OF THE COURTS HAS AUTHORIZED THE USE OF
17 ELECTRONIC ARRAIGNMENTS FOR THE COURT, PURSUANT TO THE PROVISIONS OF
18 SECTION 185.40 OF THIS ARTICLE.
19 S 185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT.
20 WHENEVER A PERSON IS ARRAIGNED BY MEANS OF AN ELECTRONIC ARRAIGNMENT,
21 THE FOLLOWING CONDITIONS AND LIMITATIONS SHALL APPLY:
22 1. THE DEFENDANT MAY NOT ENTER A PLEA OF GUILTY;
23 2. NO ELECTRONIC RECORDING OF AN ELECTRONIC ARRAIGNMENT MAY BE MADE,
24 VIEWED OR INSPECTED EXCEPT AS MAY BE AUTHORIZED BY RULES OF THE CHIEF
25 ADMINISTRATOR OF THE COURTS; AND
26 3. STENOGRAPHIC RECORDING OF THE ARRAIGNMENT SHALL BE MADE TO THE SAME
27 EXTENT AS IF IT WERE AN ORDINARY ARRAIGNMENT RATHER THAN AN ELECTRONIC
28 ARRAIGNMENT.
29 S 185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS.
30 1. THE APPROPRIATE ADMINISTRATIVE JUDGE SHALL SUBMIT TO THE CHIEF
31 ADMINISTRATOR OF THE COURTS A WRITTEN PROPOSAL FOR THE USE OF ELECTRONIC
32 ARRAIGNMENTS FOR A PARTICULAR COURT AND THE PRECINCTS UNDER THE JURIS-
33 DICTION OF THAT COURT. IF THE CHIEF ADMINISTRATOR OF THE COURTS APPROVES
34 THE PROPOSAL, INSTALLATION OF AN INDEPENDENT AUDIO-VISUAL SYSTEM MAY
35 BEGIN.
36 2. UPON COMPLETION OF THE INSTALLATION OF AN INDEPENDENT AUDIO-VISUAL
37 SYSTEM, THE COMMISSION ON CABLE TELEVISION SHALL INSPECT, TEST AND EXAM-
38 INE THE INDEPENDENT AUDIO-VISUAL SYSTEM AND CERTIFY TO THE CHIEF ADMIN-
39 ISTRATOR OF THE COURTS WHETHER THE SYSTEM COMPLIES WITH THE DEFINITION
40 OF AN INDEPENDENT AUDIO-VISUAL SYSTEM AND IS TECHNICALLY SUITABLE FOR
41 THE CONDUCTING OF ELECTRONIC ARRAIGNMENTS AS INTENDED.
42 3. THE USE BY A COURT OF AN APPROVED INDEPENDENT AUDIO-VISUAL SYSTEM
43 FOR THE PURPOSE OF AUTHORIZED ELECTRONIC ARRAIGNMENTS, SHALL BE
44 INSPECTED SUBJECT TO RENEWAL EVERY TWO YEARS FROM THE DATE OF AUTHORI-
45 ZATION BY THE CHIEF ADMINISTRATOR OF THE COURTS.
46 4. THE CHIEF ADMINISTRATOR OF THE COURTS MAY WITHDRAW APPROVAL OF THE
47 AUTHORIZATION AT ANY TIME.
48 S 2. This act shall take effect on the first of November next succeed-
49 ing the date on which it shall have become a law.
