S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4681

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  the  use  of
  video  monitoring  equipment  to  conduct  arraignments; and to repeal
  article 185 of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 185 of the criminal procedure law is REPEALED and a
new article 185 is added to read as follows:

                               ARTICLE 185
                      ALTERNATE METHOD OF ARRAIGNMENT

SECTION 185.10 DEFINITION OF TERMS.
        185.20 ELECTRONIC ARRAIGNMENT.
        185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT.
        185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS.

S 185.10 DEFINITION OF TERMS.
  AS USED IN THIS ARTICLE:
  1.  "INDEPENDENT  AUDIO-VISUAL  SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER  SUITABLE  MEANS
TO  PRECLUDE  THE  UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY
COMMERCIALLY  AVAILABLE  TELEVISION  RECEIVERS  OR   MONITORS,   CHANNEL
CONVERTERS, OR OTHER AVAILABLE RECEIVING DEVICES.
  2.  "ELECTRONIC  ARRAIGNMENT"  MEANS  AN  ARRAIGNMENT IN WHICH VARIOUS
PARTICIPANTS, INCLUDING THE DEFENDANT, ARE NOT PERSONALLY PRESENT IN THE
COURT BUT IN WHICH ALL OF THE PARTICIPANTS ARE  SIMULTANEOUSLY  ABLE  TO
SEE  AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF THE JUDGE, COUN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07211-01-9

              

S. 4681                             2

SELS, DEFENDANT, POLICE OFFICER AND ANY OTHER  APPROPRIATE  PARTICIPANT,
BY MEANS OF AN INDEPENDENT AUDIO-VISUAL SYSTEM.
  3.  "SECURE  LOCATION"  MEANS  ANY FACILITY USED BY THE STATE, COUNTY,
CITY, TOWN OR VILLAGE LAW  ENFORCEMENT  ENTITY  TO  TEMPORARILY  HOLD  A
PERSON  NOT RELEASED ON HIS OR HER OWN RECOGNIZANCE AND GIVEN AN APPEAR-
ANCE TICKET OR SUMMONS PENDING ARRAIGNMENT ON AN ACCUSATORY INSTRUMENT.
S 185.20 ELECTRONIC ARRAIGNMENT.
  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION NINE  OF  SECTION  1.20,
SECTIONS  110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10
AND 180.10 OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW AS THEY PERTAIN
TO A DEFENDANT'S PERSONAL APPEARANCE AT ARRAIGNMENT, THE  COURT  IN  ITS
DISCRETION  MAY DISPENSE WITH THE DEFENDANT'S PERSONAL APPEARANCE AT THE
ARRAIGNMENT WHENEVER SUCH DEFENDANT IS BEING HELD AT A  SECURE  LOCATION
OUTSIDE  THE COURT HOUSE AND CONDUCT AN ELECTRONIC ARRAIGNMENT, PROVIDED
THAT THE CHIEF ADMINISTRATOR OF THE COURTS HAS  AUTHORIZED  THE  USE  OF
ELECTRONIC  ARRAIGNMENTS  FOR  THE  COURT, PURSUANT TO THE PROVISIONS OF
SECTION 185.40 OF THIS ARTICLE.
S 185.30 CONDITIONS AND LIMITATIONS ON ELECTRONIC ARRAIGNMENT.
  WHENEVER A PERSON IS ARRAIGNED BY MEANS OF AN ELECTRONIC  ARRAIGNMENT,
THE FOLLOWING CONDITIONS AND LIMITATIONS SHALL APPLY:
  1. THE DEFENDANT MAY NOT ENTER A PLEA OF GUILTY;
  2.  NO  ELECTRONIC RECORDING OF AN ELECTRONIC ARRAIGNMENT MAY BE MADE,
VIEWED OR INSPECTED EXCEPT AS MAY BE AUTHORIZED BY RULES  OF  THE  CHIEF
ADMINISTRATOR OF THE COURTS; AND
  3. STENOGRAPHIC RECORDING OF THE ARRAIGNMENT SHALL BE MADE TO THE SAME
EXTENT  AS  IF IT WERE AN ORDINARY ARRAIGNMENT RATHER THAN AN ELECTRONIC
ARRAIGNMENT.
S 185.40 APPROVAL BY THE CHIEF ADMINISTRATOR OF THE COURTS.
  1. THE APPROPRIATE ADMINISTRATIVE JUDGE  SHALL  SUBMIT  TO  THE  CHIEF
ADMINISTRATOR OF THE COURTS A WRITTEN PROPOSAL FOR THE USE OF ELECTRONIC
ARRAIGNMENTS  FOR  A PARTICULAR COURT AND THE PRECINCTS UNDER THE JURIS-
DICTION OF THAT COURT. IF THE CHIEF ADMINISTRATOR OF THE COURTS APPROVES
THE PROPOSAL, INSTALLATION OF AN  INDEPENDENT  AUDIO-VISUAL  SYSTEM  MAY
BEGIN.
  2.  UPON COMPLETION OF THE INSTALLATION OF AN INDEPENDENT AUDIO-VISUAL
SYSTEM, THE COMMISSION ON CABLE TELEVISION SHALL INSPECT, TEST AND EXAM-
INE THE INDEPENDENT AUDIO-VISUAL SYSTEM AND CERTIFY TO THE CHIEF  ADMIN-
ISTRATOR  OF  THE COURTS WHETHER THE SYSTEM COMPLIES WITH THE DEFINITION
OF AN INDEPENDENT AUDIO-VISUAL SYSTEM AND IS  TECHNICALLY  SUITABLE  FOR
THE CONDUCTING OF ELECTRONIC ARRAIGNMENTS AS INTENDED.
  3.  THE  USE BY A COURT OF AN APPROVED INDEPENDENT AUDIO-VISUAL SYSTEM
FOR  THE  PURPOSE  OF  AUTHORIZED  ELECTRONIC  ARRAIGNMENTS,  SHALL   BE
INSPECTED  SUBJECT  TO RENEWAL EVERY TWO YEARS FROM THE DATE OF AUTHORI-
ZATION BY THE CHIEF ADMINISTRATOR OF THE COURTS.
  4. THE CHIEF ADMINISTRATOR OF THE COURTS MAY WITHDRAW APPROVAL OF  THE
AUTHORIZATION AT ANY TIME.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.