Provides for statewide video arraignments; repealer

Title of bill

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

Purpose or general idea of bill

To allow electronic arraignment for defendants when personal appearance would result in an unreasonable delay in the arraignment proceeding.

Summary of specific provisions

Article 185 of the Criminal Procedure Law is repealed and a new Article 185 is added.

Justification

Currently, defendants must be physically present during arraignment proceedings which sometimes result in great cost to the county in which the proceedings are being held. The county holding arraignment proceedings must bear the cost of transporting defendants from a secure location to the court for the defendants' personal appearance. This is a significant cost to the county which is host to such proceedings.

With today's modern technology it is possible to hold arraignment proceedings through an audio-visual system whenever the defendant is being held at a secure location outside the court house. This bill would allow for such electronic arraignments provided that the chief administrator of the courts has authorized the use of electronic arraignments for the court.

Stenographic recordings of the arraignment will be made to the same extent as if the defendant made a personal appearance to the arraignment. All audio-visual systems will be tested and inspected by the Commission on Cable Television upon installation and every two years then after.

Legislative history

2008 - S.2691 2006 - A.10306

Fiscal implications

Other than the original cost of electronic arraignment equipment and installation, the Counties will save money from the transportation costs of defendants from secure locations outside the court house to the court house.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.