New York Assembly Bill A09600 Latest Draft

   
  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 Article 185 of the criminal procedure law is REPEALED and a 2 new article 185 is added to read as follows: 3 ARTICLE 185 4 ALTERNATIVE METHOD OF ARRAIGNMENT 5 Section 185.10 Definition of terms. 6 185.20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.