STATE OF NEW YORK
________________________________________________________________________
1457
2021-2022 Regular Sessions
IN SENATE
January 12, 2021
___________
Introduced by Sen. BRESLIN -- 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 creating an
electronic arraignment pilot program and to repeal article 185 of the
criminal procedure law relating thereto; 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. Article 185 of the criminal procedure law is REPEALED and a
2 new article 185 is added to read as follows:
3 ARTICLE 185 - ALTERNATIVE METHOD OF ARRAIGNMENT
4 Section 185.10 Electronic arraignment pilot program.
5 § 185.10 Electronic arraignment pilot program.
6 1. As used in this section:
7 (a) "Independent audio-visual system" means an electronic system for
8 the transmission and receiving of audio and visual signals, encompassing
9 encoded signals, frequency domain multiplexing or other suitable means
10 to preclude the unauthorized reception and decoding of the signals by
11 commercially available television receivers or monitors, channel
12 converters, or other available receiving devices.
13 (b) "Electronic arraignment" means an arraignment in which various
14 participants, including the defendant, are not personally present in the
15 court but in which all of the participants are simultaneously able to
16 see and hear reproductions of the voices and images of the judge, coun-
17 sels, defendant, police officer and any other appropriate participant,
18 by means of an independent audio-visual system.
19 (c) "Secure location" means any facility used by the state, county,
20 city, town or village law enforcement entity to temporarily hold a
21 person not released on his or her own recognizance and given an appear-
22 ance ticket or summons pending arraignment on an accusatory instrument.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03932-01-1
S. 1457 2
1 2. There is hereby established an "electronic arraignment pilot
2 program" to be administered in the town of Colonie, county of Albany.
3 Pursuant to this program and notwithstanding the provisions of subdivi-
4 sion nine of section 1.20, sections 110.10, 120.10, 120.40, 120.90,
5 140.20, 140.27, 140.40, 170.10 and 180.10 of this chapter or any other
6 provision of law as they pertain to a defendant's personal appearance at
7 arraignment, the Colonie town court, in its discretion, may dispense
8 with the defendant's personal appearance at the arraignment, whenever
9 such defendant is being held at a secure location outside the court
10 house, and conduct an electronic arraignment utilizing an independent
11 audio-visual system.
12 3. Whenever a person is arraigned by means of an electronic arraign-
13 ment, the following conditions and limitations shall apply:
14 (a) The defendant may not enter a plea of guilty;
15 (b) No electronic recording of an electronic arraignment may be made,
16 viewed or inspected except as may be authorized by rules of the chief
17 administrator of the courts; and
18 (c) Stenographic recording of the arraignment shall be made to the
19 same extent as if it were an ordinary arraignment rather than an elec-
20 tronic arraignment.
21 § 2. This act shall take effect January 1, 2022 and shall expire and
22 be deemed repealed January 1, 2024.
