What's happening
This bill creates a pilot program in Colonie, Albany County to allow electronic arraignments using audio-visual technology instead of in-person court appearances.
Why it matters
Could improve efficiency and safety. by reducing the need for transporting defendants to and from court, potentially saving resources and minimizing security risks for law enforcement and court staff.
Raises questions about defendants' rights and legal representation. , since electronic arraignment changes the traditional in-person dynamic—especially given that defendants cannot plead guilty during these sessions.
Strict limitations on recording and privacy. are included, indicating concern for safeguarding the integrity of the process and protecting sensitive information, which matters for transparency and accountability.
Temporary and localized pilot. means its results could influence broader reforms in New York State or elsewhere, making the outcomes important for future justice system modernization efforts.
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Who cares
Headline styles
Test Video Arraignments in Colonie
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2207
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. BRESLIN -- 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 creating an electronic arraignment pilot program and to repeal article 185 of the criminal procedure law relating thereto; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 185 of the criminal procedure law is REPEALED and a new article 185 is added to read as follows:
ARTICLE 185 - ALTERNATIVE METHOD OF ARRAIGNMENT Section 185.10 Electronic arraignment pilot program. § 185.10 Electronic arraignment pilot program.
1. As used in this section:
(a) "Independent audio-visual system" means an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers or monitors, channel converters, or other available receiving devices.
(b) "Electronic arraignment" means an arraignment in which various participants, including the defendant, are not personally present in the court but in which all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsels, defendant, police officer and any other appropriate participant, by means of an independent audio-visual system.
(c) "Secure location" means any facility used by the state, county, city, town or village law enforcement entity to temporarily hold a person not released on his or her own recognizance and given an appearance ticket or summons pending arraignment on an accusatory instrument.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07481-01-7
S. 2207 2
2. There is hereby established an "electronic arraignment pilot program" to be administered in the town of Colonie, county of Albany. Pursuant to this program and notwithstanding the provisions of subdivision nine of section 1.20, sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10 and 180.10 of this chapter or any other provision of law as they pertain to a defendant's personal appearance at arraignment, the Colonie town court, in its discretion, may dispense with the defendant's personal appearance at the arraignment, whenever such defendant is being held at a secure location outside the court house, and conduct an electronic arraignment utilizing an independent audio-visual system.
3. Whenever a person is arraigned by means of an electronic arraignment, the following conditions and limitations shall apply:
(a) The defendant may not enter a plea of guilty;
(b) No electronic recording of an electronic arraignment may be made, viewed or inspected except as may be authorized by rules of the chief administrator of the courts; and
(c) Stenographic recording of the arraignment shall be made to the same extent as if it were an ordinary arraignment rather than an electronic arraignment.
§ 2. This act shall take effect January 1, 2018 and shall expire and be deemed repealed January 1, 2020.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to creating an electronic arraignment pilot program and to repeal article 185 of the criminal procedure law relating thereto; and providing for the repeal of such provisions upon expiration thereof
Purpose
To allow the Town of Colonie to create a pilot program of electronic arraignment for people awaiting arraignment following an arrest.
Summary of provisions
Creates a new Article 185 of the criminal procedure law by repealing an old law and adding a new Article.
Justification
In New York State people under arrest must be arraigned by a judge within 24 hours. In the Town of Colonie, people waiting for arraignment often face delays as Colonie has one of the busiest courts in the Capital District. Defendants awaiting arraignment could avoid such delays if arraignments were offered electronically. Costs associated with .holding defendants awaiting arraignment could also be reduced with electronic arraignments, The Town of Colonie and the County of Albany have in place the equipment and technology necessary to implement electronic arraignments. This bill would allow the town and the county to work more efficiently and effectively in this area and help reduce town and county expenses related to arraignments.
Legislative history
2013/2014 - S.2343 - Referred to Senate Codes Committee 2011/2012 - A.9984/S.7073 Referred to Senate and Assembly Committees on Codes
Fiscal implications
None to State. Savings to the Town of Colonie and County of Albany.
Effective date
This act shall take effect January 1, 2018 and shall expire and be deemed repealed January 1, 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.