Provides for electronic court appearance in a criminal action, anywhere in the state, at the discretion of the court having jurisdiction of the defendant; provides that the defendant must, after consultation with counsel, consent on the record; provides that the chief administrator of the courts must first approve the use of such electronic appearance.
STATE OF NEW YORK
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4614
2023-2024 Regular Sessions
IN SENATE
February 13, 2023
___________
Introduced by Sen. GRIFFO -- 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 electronic
court appearance statewide
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 182.20 of the criminal procedure
2 law, as separately amended by chapters 242, 246, 252, 254, 321 and 351
3 of the laws of 2022, is amended to read as follows:
4 1. Notwithstanding any other provision of law and except as provided
5 in section 182.30 of this article, the court, in its discretion, may
6 dispense with the personal appearance of the defendant, except an
7 appearance at a hearing or trial, and conduct an electronic appearance
8 in connection with a criminal action [pending in Albany, Bronx, Broome,
9 Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
10 Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence, Seneca,
11 Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery,
12 Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer, Franklin,
13 Chemung, Schuyler, or Yates county], provided that the chief administra-
14 tor of the courts has authorized the use of electronic appearance and
15 the defendant, after consultation with counsel, consents on the record.
16 Such consent shall be required at the commencement of each electronic
17 appearance to such electronic appearance.
18 § 2. This act shall take effect immediately, provided, however, that
19 the amendment to subdivision 1 of section 182.20 of the criminal proce-
20 dure law made by section one of this act shall not affect the repeal of
21 such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04463-01-3