Bill Text: NY S04614 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for electronic court appearance in a criminal action, anywhere in the state, at the discretion of the court having jurisdiction of the defendant; provides that the defendant must, after consultation with counsel, consent on the record; provides that the chief administrator of the courts must first approve the use of such electronic appearance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04614 Detail]

Download: New_York-2023-S04614-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4614

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 13, 2023
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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  electronic
          court appearance statewide

          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,
    10  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  amendment 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.
                                                                   LBD04463-01-3