STATE OF NEW YORK
________________________________________________________________________
5686
2011-2012 Regular Sessions
IN SENATE
June 10, 2011
___________
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 authorizing
the electronic appearance of a defendant statewide and removing the
requirement that the defendant consent thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 182.20 of the criminal
2 procedure law, subdivision 1 as amended by chapter 332 of the laws of
3 2009 and subdivision 2 as added by chapter 689 of the laws of 1993, are
4 amended to read as follows:
5 1. Notwithstanding any other provision of law and except as provided
6 in section 182.30 of this article, the court, in its discretion, may
7 dispense with the personal appearance of the defendant, except an
8 appearance at a hearing or trial, and conduct an electronic appearance
9 in connection with a criminal action [pending in Albany, Bronx, Broome,
10 Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
11 Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
12 gus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester,
13 Suffolk, Herkimer or Franklin county], provided that the chief adminis-
14 trator of the courts has authorized the use of electronic appearance
15 [and the defendant, after consultation with counsel, consents on the
16 record. Such consent shall be required at the commencement of each elec-
17 tronic appearance to such electronic appearance].
18 2. If, for any reason, the court determines on its own motion or [on
19 the motion of any party that the conduct of an electronic appearance may
20 impair the legal rights of the defendant, it shall not permit the elec-
21 tronic appearance to proceed. If, for any other articulated reason],
22 either party requests at any time during the electronic appearance that
23 such appearance be terminated, the court [shall] may grant such request
24 and adjourn the proceeding to a date certain. Upon the adjourned date
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11808-01-1
S. 5686 2
1 the proceeding shall be recommenced from the point at which the request
2 for termination of the electronic appearance had been granted.
3 § 2. This act shall take effect on the first of September next
4 succeeding the date on which it shall have become a law, provided that
5 the amendments to section 182.20 of the criminal procedure law, made by
6 section one of this act, shall not affect the repeal of such section and
7 shall be deemed repealed therewith.
