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S481Senate2025-2026 SessionSame asA367

Statewide Video Arraignments Allowed

Official title

“Provides for statewide video arraignments”

Sponsor Peter OberackerSD-51+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
7/10
Significant
Passage
24%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows any New York county to use video monitoring equipment for arraignments if authorized by court administration.

Why it matters

  1. Expands Local Flexibility. By allowing any New York county to use video arraignments (with court approval), the bill empowers rural and less-populated counties—which may lack resources for frequent in-person court proceedings—to streamline processes and save costs.

  2. Potential for Increased Efficiency. Video arraignments can reduce delays associated with transporting defendants to court, potentially speeding up the judicial process and reducing time defendants spend in custody pre-trial.

  3. Defendant Protections Remain. The bill retains requirements that defendants must consult with counsel and consent to each electronic appearance, ensuring that the use of video does not override basic rights or due process.

  4. Broader Statewide Impact. By removing the county-by-county list and making the option available statewide (pending administrative approval), the legislation could serve as a model for modernizing other court procedures and expanding access to justice across New York.

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Who cares

Headline styles

Statewide Video Arraignments Allowed

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Peter Oberacker

Senator · Senate District 51

History

  1. Referred to codes
  2. 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.

A367Assembly

Allow Video Arraignments Statewide

In Assembly Committee · Codes · Sponsor Kenneth Blankenbush

Impact 7 · Significant16% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

481

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sens. OBERACKER, GALLIVAN -- 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 the use of video monitoring equipment to conduct arraignments

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 separately amended by chapters 232, 279 and 285 of the laws of 2024, 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, Jefferson, Kings, Monroe, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence, Seneca, Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery, Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer, Franklin, Chemung, Schuyler, Yates, Delaware, Otsego or Schoharie] any 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 that the amendments 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.

LBD01843-01-5

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 the use of video monitoring equipment to conduct arraignments

Summary of provisions

Section 1 amends article 182.20 of the Criminal Procedure Law expanding the use of virtual arraignments to any county in the State.

Section 2 provides for the effective date.

Justification

Traditionally, defendants were required to be physically present during arraignment proceedings, which sometimes resulted in great cost to the county in which the proceedings are being held. The county holding arraignment proceedings had to bear the cost of transporting defendants from a secure location to the court for the defendants' personal appear- ance. This presented a significant cost to the host county of the proceedings.

With today's modern technology, it is possible to hold arraignment proceedings through an audio-visual system whenever the defendant is being held at a secure location outside the courthouse. Current law recognizes this possibility and authorizes approximately half of the counties in New York State to use audio-video technology to hold virtual arraignments. The potential for this technology was proven during the COVID-19 pandemic, when statewide video arraignments were provided for under Executive Order 202.1 of 2020 in keeping with social distancing requirements. This bill would allow for such electronic arraignments at a statewide level.

Legislative history

2023: S.4591/A1328 Referred to Codes

2021: S.1854/A4200 Referred to Codes

2020: S.4800/A.5190 Referred to Codes

2019: S.1019/A.5190 Referred to Codes

2018: S.554/A.4581 Reported and Committed to Finance

2017: S.554/A.4581 Passed Senate

2015: 2016: S.3083/A.9264 Passed Senate

2013: 2014: 5.2242 Referred to Codes

2015: 2016: S.3083/A.9264 Passed Senate

2011: 2012: S.837 Referred to Codes

2009: 2010: 5.4681 Referred to Codes 2007: 2008: S.2691/A.4237 Referred to Codes

2006: A.10306 Held in Codes

Fiscal implications

Savings to counties.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.