NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9600
SPONSOR: Burke TITLE OF BILL:
An act to amend the criminal procedure law, in relation to permitting
electronic arraignment in counties not wholly included within a city and
to repeal article 185 of the criminal procedure law relating thereto
PURPOSE:
To allow and properly implement electronic arraignments.
SUMMARY OF PROVISIONS:
Section 1: amends the criminal procedure law by repealing article 185
and replacing it to include the definitions and conditions of electronic
arraignments. Provides definitions for "audio-visual system" and "elec-
tronic arraignment." Provides that a court may utilize an electronic
arraignment if the defendant has waived their right to appear in-person,
if an in-person arraignment would result in an unreasonable delay in the
preliminary proceeding, and if the chief administrator of the court has
authorized the use of an electronic arraignment for the court. Further,
this section outlines the limitations and conditions on electronic
arraignment.
Section 2: Sets effective date.
JUSTIFICATION:
Historically, defendants have been required to be physically present
during arraignment proceedings. The county holding arraignment
proceedings must bear the cost of transporting defendants from a secure
location to the court for the defendants' personal appearance. This
presents a significant cost to the host county of the proceedings.
There is no longer a need for a defendant's in-person appearance as
shown during the COVID-19 pandemic. Statewide video arraignments were
provided for under Executive Order 202.1 of 2020 in keeping with social
distancing requirements. Modern day audio visual equipment allows for
adequate electronic arraignments when the defendant is outside the
courthouse in a secure location.
This Legislation will allow video arraignments when appropriate. Elec-
tronic arraignments will reduce the financial burden that in-person
arraignments have on the counties. By reducing the need to transport a
defendant, this reduces the amount of time the state must spend on
arraignments. Since a defendant does not have to leave where they are
being held this also means these proceedings don't require them to be
moved to a new space.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9600
IN ASSEMBLY
March 26, 2024
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to permitting
electronic arraignment in counties not wholly included within a city
and to repeal article 185 of the criminal procedure law relating ther-
eto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 185 of the criminal procedure law is REPEALED and a
2 new article 185 is added to read as follows:
3 ARTICLE 185
4 ALTERNATIVE METHOD OF ARRAIGNMENT
5 Section 185.10 Definition of terms.
6 185.20 Electronic arraignment.
7 185.30 Conditions and limitations on electronic arraignment.
8 185.40 Approval by the chief administrator of the courts.
9 § 185.10 Definition of terms.
10 As used in this article:
11 1. "Independent audio-visual system" means an electronic system for
12 the transmission and receiving of audio and visual signals, encompassing
13 encoded signals, frequency domain multiplexing or other suitable means
14 to preclude the unauthorized reception and decoding of the signals by
15 commercially available television receivers or monitors, channel
16 converters, or other available receiving devices.
17 2. "Electronic arraignment" means an arraignment in which various
18 participants, including the defendant, are not personally present in the
19 court but in which all of the participants are simultaneously able to
20 see and hear reproductions of the voices and images of the judge, coun-
21 sels, defendant, police officer and any other appropriate participant,
22 by means of an independent audio-visual system.
23 § 185.20 Electronic arraignment.
24 Notwithstanding the provisions of subdivision nine of section 1.20,
25 sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10
26 and 180.10 of this chapter or any other provision of law as they pertain
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10347-01-3
A. 9600 2
1 to a defendant's personal appearance at arraignment, in every county not
2 wholly included within a city, the court in its discretion may dispense
3 with the defendant's personal appearance at the arraignment and conduct
4 an electronic arraignment, provided that:
5 1. The defendant has waived in writing his right to personally appear
6 at his arraignment and has consented to be arraigned by the electronic
7 arraignment process;
8 2. The personal appearance of the defendant at the arraignment would
9 result in an unreasonable delay in the preliminary proceeding; and
10 3. The chief administrator of the courts has authorized the use of
11 electronic arraignments for the court, pursuant to the provisions of
12 section 185.40 of this article.
13 § 185.30 Conditions and limitations on electronic arraignment.
14 Whenever a person is arraigned by means of an electronic arraignment,
15 the following conditions and limitations shall apply:
16 1. The defendant may not enter a plea of guilty;
17 2. No electronic recording of an electronic arraignment may be made,
18 viewed or inspected except as may be authorized by rules of the chief
19 administrator of the courts; and
20 3. Stenographic recording of the arraignment shall be made to the same
21 extent as if it were an ordinary arraignment rather than an electronic
22 arraignment.
23 § 185.40 Approval by the chief administrator of the courts.
24 1. The appropriate administrative judge shall submit to the chief
25 administrator of the courts a written proposal for the use of electronic
26 arraignments for a particular court and the precincts under the juris-
27 diction of that court. If the chief administrator of the courts approves
28 the proposal, installation of an independent audio-visual system may
29 begin.
30 2. Upon completion of the installation of an independent audio-visual
31 system, the public service commission shall inspect, test and examine
32 the independent audio-visual system and certify to the chief administra-
33 tor of the courts whether the system complies with the definition of an
34 independent audio-visual system and is technically suitable for the
35 conducting of electronic arraignments as intended.
36 3. The use by a court of an approved independent audio-visual system
37 for the purpose of authorized electronic arraignments, shall be for a
38 period of two years from the date of authorization by the chief adminis-
39 trator of the courts.
40 4. The chief administrator of the courts may withdraw approval of the
41 authorization at any time.
42 § 2. This act shall take effect immediately.
