NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6738A
SPONSOR: Tague TITLE OF BILL:
An act to amend the criminal procedure law, in relation to permitting
certain defendants in a criminal action in Delaware, Otsego or Schoharie
county to appear electronically, with the approval of the court
PURPOSE OR GENERAL IDEA OF BILL:
This bill will permit the use of virtual arraignments, at the court's
discretion, in Delaware, Otsego, and Schoharie counties.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of this bill amends section 182.20 of the criminal procedure
law, to expand the use of virtual arraignments to proceedings in Dela-
ware, Otsego, and Schoharie counties as long as the chief administrator
of the courts has authorized the use of electronic appearance and the
defendant consents.
Section two provides the effective date.
JUSTIFICATION:
As a result of the COVID-19 pandemic, an Executive Order was issued
allowing for the court system to temporarily utilize digital proceedings
in order to adhere to social distancing guidelines. Employing this
technology for arraignments protected the health and wellbeing of those
involved in the proceedings by limiting potential exposure to COVID-19.
An unintended benefit, counties across New York state also realized a
cost-savings from no longer needing to transport defendants to court.
This Executive Order expired.
Currently, 37 of the state's counties are granted the authority in stat-
ute to continue conducting these legal proceedings electronically. Offi-
cials in Delaware, Otsego, and Schoharie counties have expressed this
will be highly beneficial for their counties, not only keeping partic-
ipants safe but saving taxpayers money as well.
PRIOR LEGISLATIVE HISTORY:
2023: A.6738/S.6798 Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State. This will result in a cost-savings for Delaware,
Otsego and Schoharie counties.
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 1 of section 182.20 of the criminal procedure
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.'
