A09753 Summary:

BILL NO    A09753 

SAME AS    SAME AS S07168

SPONSOR    Weinstein

COSPNSR    Schimel, Lavine

MLTSPNSR   Borelli, Curran, Graf

Add S290-a, Judy L

Provides that the chief administrator of the courts may direct the use of
mechanical recording of testimony.
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A09753 Actions:

BILL NO    A09753 

05/20/2014 referred to judiciary
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A09753 Memo:

BILL NUMBER:A9753

TITLE OF BILL:  An act to amend the judiciary law, in relation to
mechanical recording of testimony and proceedings

PURPOSE OF BILL:  Provides that the Chief Administrator of the Courts
may direct the use of mechanical recording of testimony and
proceedings in only certain courts.

SUMMARY OF PROVISIONS OF BILL:

Section 1 - This bill permits the Chief Administrator of the Courts to
direct the use of mechanical recording of testimony and of other
proceedings in the courts of this State, in lieu of the taking of
stenographic notes. However, it specifically prohibits the following
courts from using mechanical recording of testimony: a) NYC Supreme
Courts Civil Term; b) NYC Supreme Courts Criminal Term, c) NYS Supreme
Courts outside the City of New York; d) New York County Courts; e) NYS
District Courts, criminal and civil jury trials; f) NYS Family Courts,
delinquency cases; g) NYC Civil and Criminal Courts; h) City Courts
outside the City of New York; and i) Surrogate Courts, hearing and
trial parts.

The bill further provides that in the event there are no transfer or
reassignment requests, and no viable eligible list of stenotype court
reporters from which to canvas, then an employment announcement shall
be issued to fill the position on a provisional or per diem basis.
Only then, when such remedies are exhausted and no stenotype court
reporters are available, may mechanical recording of testimony be
used.

Lastly the bill requires the Chief Administrator of the Courts to
report to the Legislature by March 31, 2015 and annually thereafter as
to the usage of mechanical recording in the courts during the prior
year.

Section 2 - Establishes the effective date.

JUSTIFICATION:  On June 30, 1999, legislative authorization permitting
limited electronic recording in New York State expired. Since then the
Office of Court Administration had administratively authorized
mechanical recording without legislative authority.

At least one court (In the Matter of Shanel P., A Person Alleged to be
a Juvenile Delinquent, Respondent) has so held). It is necessary for
the legislature to determine which courts should have the authority to
mechanically record testimony and proceedings.

This legislation is proposed to give the Courts limited authority to
mechanically record. The authority is limited to ensure the accuracy
of court records for the benefit of the litigants, the courts and the
public at large. An accurate record of what occurs in a court
proceeding is essential to achieving the goal of a just and fair
result. The preparation of an accurate record supports the integrity
of the process and leads to greater confidence by the public in the
court system.


LEGISLATIVE HISTORY: New bill, 2014.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: Immediately.
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