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S07385 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7385
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                   September 17, 2021
                                       ___________
 
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the criminal procedure law, in  relation  to  permitting
          the electronic appearance of a defendant in the county of Jefferson
 
          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  amended by chapter 332 of the laws of 2009, is amended to read
     3  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,  Jefferson,  Kings,  New York, Niagara, Oneida, Onondaga, Ontario,
    10  Orange, Putnam, Queens, Richmond, St.  Lawrence,  Tompkins,  Chautauqua,
    11  Cattaraugus,  Clinton,  Essex, Montgomery, Rensselaer, Warren, Westches-
    12  ter, Suffolk, Herkimer or  Franklin  county,  provided  that  the  chief
    13  administrator of the courts has authorized the use of electronic appear-
    14  ance and the defendant, after consultation with counsel, consents on the
    15  record. Such consent shall be required at the commencement of each elec-
    16  tronic appearance to such electronic appearance.
    17    §  2.  This  act shall take effect immediately, provided, however, the
    18  amendments to subdivision 1 of section 182.20 of the criminal  procedure
    19  law  made by section one of this act shall not affect the repeal of such
    20  section and shall be deemed repealed therewith.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11934-01-1
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