NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4994
SPONSOR: Blankenbush TITLE OF BILL:
An act to amend the criminal procedure law, in relation to permitting
the electronic appearance of a defendant in the county of Jefferson
PURPOSE OR GENERAL IDEA OF BILL:
To amend the Criminal Procedure Law permitting the electronic appearance
of defendants in Jefferson County.
SUMMARY OF PROVISIONS:
Subdivision 1 of Section 182.20 of the Criminal Procedure Law, as
amended by Chapter 332 of the Laws of 2009, is amended to include
Jefferson County as a county where the court in its discretion may
dispense with the personal appearance of the defendant, except at trial
or hearing, and conduct an electronic appearance in connection with a
criminal action. The chief administrator of the courts must authorize
the use of electronic appearance and the defendant, after consultation
with counsel, must consent on the record. The consent is required at the
commencement of each electronic appearance.
JUSTIFICATION:
Courts in the five boroughs of New York City, and twenty-seven counties
in New York State currently have the authority to conduct electronic
court appearances in association With a criminal action, separate from a
hearing or trial. The Jefferson County Legislature have requested this
legislation so that they can do the same in Jefferson County.
Detainees would participate in legal proceedings from a designated space
through a two-way, closed-circuit, audio-visual system rather than being
physically transported to the Jefferson County Courthouse. The use of
electronic court appearances would reduce the number of transports
cutting costs and enhancing public safety.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State, and cost savings to Jefferson County.
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, the amen-
drrients 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section and shall be deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
4994
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. BLANKENBUSH -- read once and referred to the
Committee on Codes
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 separately amended by chapters 242, 246, 252, 254, 321 and 351
3 of the laws of 2022, is amended to read 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, Rockland, Saratoga, St. Lawrence,
11 Seneca, Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex,
12 Montgomery, Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkim-
13 er, Franklin, Chemung, Schuyler, or Yates county, provided that the
14 chief administrator of the courts has authorized the use of electronic
15 appearance and the defendant, after consultation with counsel, consents
16 on the record. Such consent shall be required at the commencement of
17 each electronic appearance to such electronic appearance.
18 § 2. This act shall take effect immediately, provided, however, the
19 amendments to subdivision 1 of section 182.20 of the criminal procedure
20 law made by section one of this act shall not affect the repeal of such
21 section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06853-01-3
