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A09600 Summary:

Rpld & add Art 185 §§185.10 - 185.40, CP L
Permits electronic arraignment in counties not wholly included within a city.
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A09600 Text:

                STATE OF NEW YORK
                   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-
          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 Article 185 of the criminal procedure law is REPEALED and a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.

        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.
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