What's happening
This bill allows electronic court appearances statewide in New York, rather than only in certain counties, with defendant consent.
Why it matters
Broader Access to Justice. By expanding electronic court appearances to the entire state, people in rural or underserved areas may have improved access to court proceedings without the need for long-distance travel, making participation in the justice system more equitable.
Efficiency and Cost Savings. Statewide electronic appearances can reduce transportation costs and logistical burdens for defendants, lawyers, and law enforcement agencies, potentially speeding up court processes and reducing case backlogs.
Maintains Defendant Rights. The requirement that defendants must consent after consulting with counsel ensures that the move to electronic appearances does not override individual rights or force remote participation if it’s not in the defendant’s best interest.
Modernizes Court Operations. This legislation reflects a broader trend toward digital modernization in government, potentially paving the way for further technological upgrades and innovations in New York’s judicial system.
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Who cares
Criminal defendants
Defendants in any county could appear electronically outside hearings and trials, with their consent required on the record after consulting counsel at each electronic appearance.
Defense attorneys
Counsel would advise defendants on whether to consent to electronic appearances as the option expands statewide.
Criminal court judges
Judges statewide could allow electronic appearances at their discretion, except at hearings or trials and subject to the law’s existing conditions.
Office of Court Administration
The chief administrator of the courts would retain authority to authorize electronic appearances as eligibility expands beyond the counties currently listed in law.
Headline styles
Allow Remote Court Appearances
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Remote Court Appearances
In Assembly Committee · Codes · Sponsor Joseph A. Griffo
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11089
IN ASSEMBLY
June 4, 2018
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Galef) -read once and referred 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 Assembly, do enact as follows:
Section 1. Subdivision 1 of section 182.20 of the criminal procedure law, as amended by chapter 332 of the laws of 2009, is amended to read as follows:
1. Notwithstanding any other provision of law and except as provided in section 182.30 of this article, the court, in its discretion, may dispense with the personal appearance of the defendant, except an appearance at a hearing or trial, and conduct an electronic appearance in connection with a criminal action [pending in Albany, Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester, Suffolk, Herkimer or Franklin county], provided that the chief administrator of the courts has authorized the use of electronic appearance and the defendant, after consultation with counsel, consents on the record. Such consent shall be required at the commencement of each electronic appearance to such electronic appearance.
§ 2. 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05238-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.