Bill Text: NY S02660 | 2009-2010 | General Assembly | Amended

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Bill Title: Authorizes defendants to make electronic appearances in pending criminal actions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2010-02-01 - referred to codes [S02660 Detail]

Download: New_York-2009-S02660-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2660--B
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2009
                                      ___________
       Introduced by Sens. VOLKER, DeFRANCISCO -- read twice and ordered print-
         ed,  and  when  printed  to  be committed to the Committee on Codes --
         reported favorably from said committee with amendments  and  committed
         to  the  Committee on Finance -- recommitted to the Committee on Codes
         in accordance with Senate Rule 6, sec. 8 --  reported  favorably  from
         said  committee and committed to the Committee on Finance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the criminal procedure law, in relation  to  authorizing
         defendants to make electronic appearances in pending criminal actions
         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 county,] THIS STATE UPON WRITTEN  APPLICA-
   13  TION  OF  A COUNTY TO THE CHIEF ADMINISTRATOR OF THE COURTS, EXCEPT THAT
   14  ANY COUNTY WITH PREVIOUS AUTHORIZATION BY  LAW  NEED  NOT  REAPPLY,  AND
   15  provided  that  the chief administrator of the courts has authorized the
   16  use of electronic appearance and the defendant, after consultation  with
   17  counsel,  consents  on the record. Such consent shall be required at the
   18  commencement of each electronic appearance to  such  electronic  appear-
   19  ance.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00996-04-0
       S. 2660--B                          2
    1    S  2.  This  act shall take effect on the ninetieth day after it shall
    2  have become a law, provided, however, that the amendment to  subdivision
    3  1 of section 182.20 of the criminal procedure law made by section one of
    4  this act shall not affect the repeal of such section and shall be deemed
    5  repealed therewith.