NY State Senate Bill 2009-S2046

Senate Bill S2046

2009-2010 Legislative Session

Provides that the chief administrator of the courts may direct the use of mechanical recording of testimony

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2009	recommit, enacting clause stricken
Mar 18, 2009	referred to investigations and government operations
Feb 11, 2009	referred to judiciary

2009-S2046 (ACTIVE) - Details

Law Section:: Judiciary Law
Laws Affected:: Add §290-a, Judy L

2009-S2046 (ACTIVE) - Summary

Provides that the chief administrator of the courts may direct the use of mechanical recording of testimony.

2009-S2046 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2046

 TITLE OF BILL :

An act to amend the judiciary law, in relation to mechanical recording
of testimony


 PURPOSE :

The purpose of this bill is to limit the use of mechanical recording
of testimony in the courts of the State of New York.

 SUMMARY OF PROVISIONS :

This bill permits the Chief Administrator of the Courts to direct the
use of mechanical recording of testimony and of other proceedings in
the courts of this State, in lieu of the taking of stenographic notes.
However, it specifically prohibits the following courts from using
mechanical recording of testimony: a) NYC Supreme Courts Civil Term;
b) NYC Supreme Courts Criminal Term; c) NYS Supreme Courts outside the
City of New York; d) New York County Courts; e) NYS District Courts,
criminal and civil jury trials; f) NYS Family Courts, delinquency
cases; g) NYC Civil and Criminal Courts; h) City Courts outside the
City of New York; and i) Surrogate Courts, hearing and trial parts.

The bill further provides that in the event there are no transfer or
reassignment requests, and no viable eligible list of stenotype court
reporters from which to canvas, then an employment announcement shall
be issued to fill the position on a provisional or per diem basis.
Only then, when such remedies are exhausted and no stenotype court
reporters are available, may mechanical recording of testimony be
used.

Lastly the bill requires the Chief Administrator of the Courts to
report to the Legislature by March 31, 2010 and annually thereafter as
to the usage of mechanical recording in the courts during the prior
year.

 JUSTIFICATION :

This legislation is proposed to ensure the accuracy of court records
for the benefit of the litigants, the courts and the public at large.
An accurate record of what occurs in a court proceeding is essential
to achieving the goal of a just and fair result. The preparation of an
accurate record supports the integrity of the process and leads to
greater confidence by the public in the court system. This bill would
prohibit the use of mechanical recording in certain courts. It would
also authorize the Chief Administrator of the Courts to annually
report on the use of mechanical recordings annually to the Legislature
so that any issues pertaining to the use of mechanical recording can
be addressed expeditiously.

 LEGISLATIVE HISTORY :

2007-08  S.7995A

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S2046 (ACTIVE) - Bill Text download pdf

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

                                  2046

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to  mechanical  recording
  of testimony

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

  Section 1. The judiciary law is amended by adding a new section  290-a
to read as follows:
  S  290-A.  MECHANICAL  RECORDING  OF TESTIMONY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE CHIEF ADMINISTRATOR OF THE COURTS MAY DIRECT
THE USE OF MECHANICAL RECORDING OF TESTIMONY AND OF OTHER PROCEEDINGS IN
EACH CASE, IN LIEU OF THE TAKING OF STENOGRAPHIC NOTES  THEREOF,  EXCEPT
FOR THE COURTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
  2.  THE  FOLLOWING  COURTS  SHALL  BE PROHIBITED FROM USING MECHANICAL
RECORDING OF TESTIMONY:
  (A) NEW YORK CITY SUPREME COURTS CIVIL TERM;
  (B) NEW YORK CITY SUPREME COURTS CRIMINAL TERM;
  (C) NEW YORK STATE SUPREME COURTS OUTSIDE THE CITY OF NEW YORK;
  (D) NEW YORK COUNTY COURTS;
  (E) NEW YORK STATE DISTRICT COURTS, CRIMINAL AND CIVIL JURY TRIALS;
  (F) NEW YORK STATE FAMILY COURTS, DELINQUENCY CASES;
  (G) NEW YORK CITY CIVIL AND CRIMINAL COURTS;
  (H) CITY COURTS OUTSIDE THE CITY OF NEW YORK;
  (I) SURROGATE COURTS, HEARING AND TRIAL PARTS.
  3. IN THE EVENT THERE ARE NO TRANSFER OR REASSIGNMENT REQUESTS, AND NO
VIABLE ELIGIBLE LIST OF STENOTYPE COURT REPORTERS FROM WHICH TO CANVASS,
THEN AN EMPLOYMENT ANNOUNCEMENT SHALL BE ISSUED TO FILL THE POSITION  ON
A  PROVISIONAL  OR  PER  DIEM  BASIS.  ONLY THEN, WHEN SUCH REMEDIES ARE
EXHAUSTED AND NO STENOTYPE COURT REPORTERS ARE AVAILABLE, MAY MECHANICAL
RECORDING OF TESTIMONY BE USED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04778-01-9

S. 2046                             2

  4. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL SUBMIT A REPORT TO  THE
LEGISLATURE NO LATER THAN MARCH THIRTY-FIRST, TWO THOUSAND TEN AND ANNU-
ALLY  THEREAFTER.  SUCH  ANNUAL REPORT TO THE LEGISLATURE SHALL INCLUDE:
THE TYPES OF TRIAL COURT PROCEEDINGS IN WHICH  MECHANICAL  RECORDING  IS
USED  THROUGHOUT  THE  UNIFIED  COURT SYSTEM; AN AUDIT OF ALL ELECTRONIC
RECORDING TRANSCRIBERS; AND  ALL  PURCHASES  AND  LEASES  OF  ELECTRONIC
RECORDING   EQUIPMENT   THAT  SHALL  BE  USED  TO  RECORD  ALL  JUDICIAL
PROCEEDINGS.
  S 2. This act shall take effect immediately.

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