New York Senate Bill S06114 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6114 2023-2024 Regular Sessions  IN SENATE March 29, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed 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 Article 185 of the criminal procedure law is REPEALED and a 2 new article 185 is added to read as follows: 3 ARTICLE 185 4 ALTERNATIVE METHOD OF ARRAIGNMENT 5 Section 185.10 Definition of terms. 6 185.20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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10347-01-3 
 S. 6114 2 1 Notwithstanding the provisions of subdivision nine of section 1.20, 2 sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10 3 and 180.10 of this chapter or any other provision of law as they pertain 4 to a defendant's personal appearance at arraignment, in every county not 5 wholly included within a city, the court in its discretion may dispense 6 with the defendant's personal appearance at the arraignment and conduct 7 an electronic arraignment, provided that: 8 1. The defendant has waived in writing his right to personally appear 9 at his arraignment and has consented to be arraigned by the electronic 10 arraignment process; 11 2. The personal appearance of the defendant at the arraignment would 12 result in an unreasonable delay in the preliminary proceeding; and 13 3. The chief administrator of the courts has authorized the use of 14 electronic arraignments for the court, pursuant to the provisions of 15 section 185.40 of this article. 16 § 185.30 Conditions and limitations on electronic arraignment. 17 Whenever a person is arraigned by means of an electronic arraignment, 18 the following conditions and limitations shall apply: 19 1. The defendant may not enter a plea of guilty; 20 2. No electronic recording of an electronic arraignment may be made, 21 viewed or inspected except as may be authorized by rules of the chief 22 administrator of the courts; and 23 3. Stenographic recording of the arraignment shall be made to the same 24 extent as if it were an ordinary arraignment rather than an electronic 25 arraignment. 26 § 185.40 Approval by the chief administrator of the courts. 27 1. The appropriate administrative judge shall submit to the chief 28 administrator of the courts a written proposal for the use of electronic 29 arraignments for a particular court and the precincts under the juris- 30 diction of that court. If the chief administrator of the courts approves 31 the proposal, installation of an independent audio-visual system may 32 begin. 33 2. Upon completion of the installation of an independent audio-visual 34 system, the public service commission shall inspect, test and examine 35 the independent audio-visual system and certify to the chief administra- 36 tor of the courts whether the system complies with the definition of an 37 independent audio-visual system and is technically suitable for the 38 conducting of electronic arraignments as intended. 39 3. The use by a court of an approved independent audio-visual system 40 for the purpose of authorized electronic arraignments, shall be for a 41 period of two years from the date of authorization by the chief adminis- 42 trator of the courts. 43 4. The chief administrator of the courts may withdraw approval of the 44 authorization at any time. 45 § 2. This act shall take effect immediately.