Authorizes the electronic appearance of a defendant in criminal proceedings across the state, without the consent of such defendant

1 Co-sponsor

• John A. DeFrancisco

BILL NUMBER:S5686

Title of bill

An act to amend the criminal procedure law, in relation to authorizing the electronic appearance of a defendant statewide and removing the requirement that the defendant consent thereto

Purpose

To authorize the electronic appearance of a defendant in criminal proceedings across the state, without the consent of such defendant.

Summary of provisions

Section 1. Subdivisions 1 and 2 of section 182.20 of the criminal procedure law are amended to allow the court to dispense with the personal appearance of a defendant, except at a hearing or trial, and conduct an electronic appearance in connection with a criminal action provided that the chief administrator of the courts has authorized the use of electronic appearance. If the court should determine on its own motion or either party requests such appearance be terminated, the court may grant such request and adjourn the proceeding to a date certain.

Justification

The cost of transporting incarcerated defendants back and forth from court for arraignment is very expensive. The availability of electronic equipment to enable video arraignments would over the long term save counties a great deal of money in transportation costs including those costs of officers in supervision of the defendant while traveling and in court. This saved money would then be one less burden on law-abiding taxpayers.

This legislation only applies to arraignments and not to hearings or trials.

Legislative history

New legislation.

Fiscal implications

Savings to counties to be determined.

Effective date

This act shall take effect on the first of September next succeeding the date on which it shall have become a law, provided that the amendments to section 182.20 of the criminal procedure law, made by section one of this act, shall not affect the repeal of such section and shall be deemed repealed therewith.