NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5288
SPONSOR: Hawley 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 Orleans
PURPOSE:
To amend the current Criminal Procedure allowing the electronic appear-
ance of defendants in Orleans County.
SUMMARY OF PROVISIONS:
Subdivision 1 of Section 182.20 of the Criminal Procedure Law, as
amended by Chapters 242, 246, 252, 254, 321, and 351 of the Laws of 2022
is amended to include Orleans County as a county where the court, at its
discretion, may do away with the personal appearance, except at a trial
or hearing.
The chief administrator of the courts must authorize the use of elec-
tronic appearances and the defendant must consent on the record.
JUSTIFICATION:
It has already been established in New York City that a defendant may
appear electronically separate from a hearing or trial. Orleans County
has expressed a clear interest in the ability to duplicate this process
in Orleans County.
The use of electronic court appearances not only increases efficiency
within the court system schedule but also improves public safety within
the community.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately, provided 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shall be deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
5288
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. HAWLEY -- 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 Orleans
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, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orle-
10 ans, Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence, Seneca,
11 Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery,
12 Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer, Franklin,
13 Chemung, Schuyler, or Yates county, provided that the chief administra-
14 tor of the courts has authorized the use of electronic appearance and
15 the defendant, after consultation with counsel, consents on the record.
16 Such consent shall be required at the commencement of each electronic
17 appearance to such electronic appearance.
18 § 2. This act shall take effect immediately, provided, however, that
19 the amendments to subdivision 1 of section 182.20 of the criminal proce-
20 dure law made by section one of this act shall not affect the repeal of
21 such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04803-01-3
