S T A T E O F N E W Y O R K
________________________________________________________________________
4331
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
___________
Introduced by M. of A. KOON, PEOPLES -- Multi-Sponsored by -- M. of A.
COOK, DINOWITZ, GALEF, HOOPER, JOHN, LAVINE, MAYERSOHN, ROBINSON --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to electronic
court appearance statewide
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 182.20 of the criminal procedure
law, as amended by chapter 317 of the laws of 2008, is amended to read
as follows:
1. Notwithstanding any other provision of law and except as provided
in section 182.30 of this article, the court, in its discretion, may
dispense with the personal appearance of the defendant, except an
appearance at a hearing or trial, and conduct an electronic appearance
in connection with a criminal action [pending in Albany, Bronx, Broome,
Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clin-
ton, Essex, Montgomery, Rensselaer, Warren, Westchester, Suffolk,
Herkimer or Franklin county], provided that the chief administrator of
the courts has authorized the use of electronic appearance and the
defendant, after consultation with counsel, consents on the record. Such
consent shall be required at the commencement of each electronic appear-
ance to such electronic appearance.
S 2. This act shall take effect immediately, provided, however, that
the amendment to subdivision 1 of section 182.20 of the criminal proce-
dure law made by section one of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01623-01-9