Bill Text: NY S07046 | 2021-2022 | General Assembly | Introduced

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Bill Title: Permits certain defendants in a criminal action in Chemung, Schuyler, or Yates county to appear electronically, with the approval of the court.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-06-02 - SUBSTITUTED BY A7968 [S07046 Detail]

Download: New_York-2021-S07046-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7046

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 26, 2021
                                       ___________

        Introduced  by  Sen.  O'MARA -- 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
          certain defendants in a criminal action in Chemung, Schuyler, or Yates
          county to appear electronically, with the approval of the court

          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, Chemung, Schuyler,  or  Yates  county,
    13  provided  that  the chief administrator of the courts has authorized the
    14  use of electronic appearance and the defendant, after consultation  with
    15  counsel,  consents  on the record. Such consent shall be required at the
    16  commencement of each electronic appearance to  such  electronic  appear-
    17  ance.
    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.
                                                                   LBD11698-01-1