Otis, Bichotte, Ortiz, Perry, Blake, Mosley, Seawright, Simon
Add 180.65, amd 180.80, CP L
Relates to conducting hearings on a felony complaint during a state disaster emergency; appearances of any party or witness may be by electronic means so long as the judge is able to hear and see the image of each witness and such appearance is comparable to such witness being present in the courtroom.
STATE OF NEW YORK
May 22, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to conducting
hearings on a felony complaint during a state disaster emergency; and
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 180.65 to read as follows:
3 § 180.65 Hearing upon felony complaint; emergency provision during
4 disaster emergency.
5 During the period of the COVID-19 state disaster emergency, as
6 declared pursuant to executive order number two hundred two of two thou-
7 sand twenty and extensions thereof and article two-B of the executive
8 law, the following additional provisions shall apply to the conduct of a
9 hearing on a felony complaint pursuant to this article:
10 1. The appearance of any party and any witness at such hearing may be
11 by electronic appearance through an independent audio-visual system, as
12 such terms are defined in section 182.10 of this title, where the court
13 finds after hearing from the parties and any such witness, either in
14 person or by electronic appearance, that due to the person's circum-
15 stances and such disaster emergency a personal appearance by such party
16 or witness would be an unreasonable hardship to such person or witness.
17 2. At any such hearing on the felony complaint, the judge must be able
18 to hear and see the image of each witness clearly though the independent
19 audio-visual system and such sound and visual image shall be similar to
20 the sound and image the judge would hear and see if the witness were
21 present together with the judge testifying in the courtroom. Documents,
22 photographs and the like offered at the hearing may be exchanged among
23 the parties by electronic means. A stenographic transcription or appro-
24 priate audio recording of the proceedings shall be maintained, and the
25 live testimony received by electronic appearance, and other electronic
26 appearances where practicable, shall be video recorded.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 10493 2
1 3. The authority for an electronic appearance pursuant to this section
2 shall be considered sufficient means to enable the court to conduct a
3 hearing on a felony complaint within the meaning of section 180.80 of
4 this article.
5 § 2. The opening paragraph of subdivision 3 of section 180.80 of the
6 criminal procedure law is designated paragraph (a) and a new paragraph
7 (b) is added to read as follows:
8 (b) In the event of a state disaster emergency, declared in accordance
9 with article two-B of the executive law, electronic appearances at a
10 hearing on a felony complaint shall be governed by section 180.65 of
11 this article.
12 § 3. This act shall take effect on the thirtieth day after it shall
13 have become a law and shall expire and be deemed repealed on April 30,