Bill Text: NY S01268 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits the electronic appearance of a defendant in the county of Orleans.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-09-15 - SIGNED CHAP.426 [S01268 Detail]

Download: New_York-2023-S01268-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1268

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  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  permitting
          the electronic appearance of a defendant in the county of Orleans

          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 242, 246, 252, 254, 321, and 351
     3  of the laws of 2022, 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, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orle-
    10  ans, Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence, Seneca,
    11  Steuben,  Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery,
    12  Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer,  Franklin,
    13  Chemung,  Schuyler, or Yates county, provided that the chief administra-
    14  tor of the courts has authorized the use of  electronic  appearance  and
    15  the  defendant, after consultation with counsel, consents on the record.
    16  Such consent shall be required at the commencement  of  each  electronic
    17  appearance to such electronic appearance.
    18    §  2.  This act shall take effect immediately, provided, however, that
    19  the amendments to subdivision 1 of section 182.20 of the criminal proce-
    20  dure law made by section one of this act shall not affect the repeal  of
    21  such section and shall be deemed repealed therewith.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04803-01-3