What's happening
This bill allows courts statewide in New York to conduct electronic criminal case appearances, not just in certain counties.
Why it matters
Expands access to remote court proceedings statewide. By removing the list of specific counties, this bill makes it possible for all courts across New York to opt for electronic appearances, making the justice process potentially more accessible and efficient for defendants, attorneys, and courts.
Could reduce logistical and financial burdens. Statewide electronic appearances may lower costs and time associated with transporting defendants, especially from jails to courtrooms, and can ease scheduling for attorneys and court staff.
Maintains defendant protections. The bill preserves requirements for the defendant’s consent (after talking with their lawyer) and judicial discretion, aiming to balance efficiency with defendants’ rights and fairness in the legal process.
Signals modernization of court procedures. This move aligns New York’s criminal justice system with technological advancements, potentially setting the stage for further innovations in how courts operate and interact with the public.
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Who cares
Headline styles
Expand Electronic Court Appearances
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.811
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4754
2019-2020 Regular Sessions
IN SENATE
March 22, 2019
Introduced by Sens. GRIFFO, RANZENHOFER, RITCHIE -- 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 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.
LBD10844-01-9
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 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
2017-18 - S. 2729 - Passed Senate. 2015-16 - S. 2723 - Passed Senate. 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.