Allows for electronic court appearance in any county of the state, except an appearance at a hearing or trial

5 Co-sponsors

• Martin J. Golden
• Kemp Hannon
• Michael H. Ranzenhofer
• Patty Ritchie
• Diane J. Savino

BILL NUMBER:S2723

Title of bill

An act to amend the criminal procedure law, in relation to electronic court appearance statewide

Purpose

Allows for electronic court appearance in any county of the State, except an appearance at a hearing or trial, to expedite criminal proceedings and conserve court resources.

Summary of provisions

Section 1 amends section 182.20 of the Criminal Procedure Law, as amended by chapter 332 of the laws of 2009, to authorize electronic court appearances of defendants during certain procedures in criminal cases, except an appearance to a hearing or trial.

Section 2 states the effective date.

Justification

Currently, twenty-six counties are authorized to conduct electronic appearances in lieu of personal appearances by a defendant in criminal court procedures. These counties are: Albany, Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clinton, Montgomery, Rensselaer, Warren, Westchester, Franklin, Orange, Essex, Suffolk, and Herkimer.

Allowing defendants to "appear" for proceedings, other than hearings or trials, through the use of audiovisual technology expedites cases and conserves resources. It not only streamlines proceedings but also reduces costs associated with the transportation of prisoners. This bill would allow all counties to take advantage of current technology without first requiring them to seek a legislative amendment that permits them to do so.

Legislative history

2013-14 - S. 3870 - Codes Committee.

Fiscal implications

Negligible impact on the State.

Effective date

This act shall take effect immediately, provided, however, that the amendment to subdivision 1 of 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Criminal Procedure Law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.