STATE OF NEW YORK
________________________________________________________________________
9600
IN ASSEMBLY
March 26, 2024
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to permitting
electronic arraignment in counties not wholly included within a city
and to repeal article 185 of the criminal procedure law relating ther-
eto
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 Article 185 of the criminal procedure law is REPEALED and a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
4 ALTERNATIVE METHOD OF ARRAIGNMENT
5 Section 185.10 Definition of terms.
6 185.20 Electronic arraignment.
7 185.30 Conditions and limitations on electronic arraignment.
8 185.40 Approval by the chief administrator of the courts.
9 § 185.10 Definition of terms.
10 As used in this article:
11 1. "Independent audio-visual system" means an electronic system for
12 the transmission and receiving of audio and visual signals, encompassing
13 encoded signals, frequency domain multiplexing or other suitable means
14 to preclude the unauthorized reception and decoding of the signals by
15 commercially available television receivers or monitors, channel
16 converters, or other available receiving devices.
17 2. "Electronic arraignment" means an arraignment in which various
18 participants, including the defendant, are not personally present in the
19 court but in which all of the participants are simultaneously able to
20 see and hear reproductions of the voices and images of the judge, coun-
21 sels, defendant, police officer and any other appropriate participant,
22 by means of an independent audio-visual system.
23 § 185.20 Electronic arraignment.
24 Notwithstanding the provisions of subdivision nine of section 1.20,
25 sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10
26 and 180.10 of this chapter or any other provision of law as they pertain
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10347-01-3
A. 9600 2
1 to a defendant's personal appearance at arraignment, in every county not
2 wholly included within a city, the court in its discretion may dispense
3 with the defendant's personal appearance at the arraignment and conduct
4 an electronic arraignment, provided that:
5 1. The defendant has waived in writing his right to personally appear
6 at his arraignment and has consented to be arraigned by the electronic
7 arraignment process;
8 2. The personal appearance of the defendant at the arraignment would
9 result in an unreasonable delay in the preliminary proceeding; and
10 3. The chief administrator of the courts has authorized the use of
11 electronic arraignments for the court, pursuant to the provisions of
12 section 185.40 of this article.
13 § 185.30 Conditions and limitations on electronic arraignment.
14 Whenever a person is arraigned by means of an electronic arraignment,
15 the following conditions and limitations shall apply:
16 1. The defendant may not enter a plea of guilty;
17 2. No electronic recording of an electronic arraignment may be made,
18 viewed or inspected except as may be authorized by rules of the chief
19 administrator of the courts; and
20 3. Stenographic recording of the arraignment shall be made to the same
21 extent as if it were an ordinary arraignment rather than an electronic
22 arraignment.
23 § 185.40 Approval by the chief administrator of the courts.
24 1. The appropriate administrative judge shall submit to the chief
25 administrator of the courts a written proposal for the use of electronic
26 arraignments for a particular court and the precincts under the juris-
27 diction of that court. If the chief administrator of the courts approves
28 the proposal, installation of an independent audio-visual system may
29 begin.
30 2. Upon completion of the installation of an independent audio-visual
31 system, the public service commission shall inspect, test and examine
32 the independent audio-visual system and certify to the chief administra-
33 tor of the courts whether the system complies with the definition of an
34 independent audio-visual system and is technically suitable for the
35 conducting of electronic arraignments as intended.
36 3. The use by a court of an approved independent audio-visual system
37 for the purpose of authorized electronic arraignments, shall be for a
38 period of two years from the date of authorization by the chief adminis-
39 trator of the courts.
40 4. The chief administrator of the courts may withdraw approval of the
41 authorization at any time.
42 § 2. This act shall take effect immediately.
