Bill Text: NY S01019 | 2019-2020 | 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) 2019-03-25 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01019 Detail]
Download: New_York-2019-S01019-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1019 2019-2020 Regular Sessions IN SENATE January 10, 2019 ___________ Introduced by Sens. YOUNG, AKSHAR, RANZENHOFER, RITCHIE -- 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 Article 185 of the criminal procedure law is REPEALED and a 2 new article 185 is added to read as follows: 3 ARTICLE 185 4 ALTERNATE METHOD OF ARRAIGNMENT 5 Section 185.10 Definition of terms. 6 185.20 Electronic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 § 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 20 see and hear reproductions of the voices and images of the judge, coun- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03726-01-9S. 1019 2 1 sels, defendant, police officer and any other appropriate participant, 2 by means of an independent audio-visual system. 3 3. "Secure location" means any facility used by the state, county, 4 city, town or village law enforcement entity to temporarily hold a 5 person not released on his or her own recognizance and given an appear- 6 ance ticket or summons pending arraignment on an accusatory instrument. 7 § 185.20 Electronic arraignment. 8 Notwithstanding the provisions of subdivision nine of section 1.20, 9 sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10 10 and 180.10 of this chapter or any other provision of law as they pertain 11 to a defendant's personal appearance at arraignment, the court in its 12 discretion may dispense with the defendant's personal appearance at the 13 arraignment whenever such defendant is being held at a secure location 14 outside the court house and conduct an electronic arraignment, provided 15 that the chief administrator of the courts has authorized the use of 16 electronic arraignments for the court, pursuant to the provisions of 17 section 185.40 of this article. 18 § 185.30 Conditions and limitations on electronic arraignment. 19 Whenever a person is arraigned by means of an electronic arraignment, 20 the following conditions and limitations shall apply: 21 1. The defendant may not enter a plea of guilty; 22 2. No electronic recording of an electronic arraignment may be made, 23 viewed or inspected except as may be authorized by rules of the chief 24 administrator of the courts; and 25 3. Stenographic recording of the arraignment shall be made to the same 26 extent as if it were an ordinary arraignment rather than an electronic 27 arraignment. 28 § 185.40 Approval by the chief administrator of the courts. 29 1. The appropriate administrative judge shall submit to the chief 30 administrator of the courts a written proposal for the use of electronic 31 arraignments for a particular court and the precincts under the juris- 32 diction of that court. If the chief administrator of the courts approves 33 the proposal, installation of an independent audio-visual system may 34 begin. 35 2. Upon completion of the installation of an independent audio-visual 36 system, the commission on cable television shall inspect, test and exam- 37 ine the independent audio-visual system and certify to the chief admin- 38 istrator of the courts whether the system complies with the definition 39 of an independent audio-visual system and is technically suitable for 40 the conducting of electronic arraignments as intended. 41 3. The use by a court of an approved independent audio-visual system 42 for the purpose of authorized electronic arraignments, shall be 43 inspected subject to renewal every two years from the date of authori- 44 zation by the chief administrator of the courts. 45 4. The chief administrator of the courts may withdraw approval of the 46 authorization at any time. 47 § 2. This act shall take effect on the first of November next succeed- 48 ing the date on which it shall have become a law.
