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

                                 4658--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN  ACT  to  amend  the  judiciary  law,  in  relation  to  audio-visual
  recordings  in the courtroom; to repeal section 218 of such law relat-
  ing thereto; and providing for the  repeal  of  such  provisions  upon
  expiration thereof

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

  Section 1. Section 218 of the judiciary law  is  REPEALED  and  a  new
section 218 is added to read as follows:
  S  218.  AUDIO-VISUAL  COVERAGE  OF  JUDICIAL PROCEEDINGS. 1. AUTHORI-
ZATION.   NOTWITHSTANDING THE PROVISIONS OF  SECTION  FIFTY-TWO  OF  THE
CIVIL  RIGHTS  LAW  AND  SUBJECT  TO THE PROVISIONS OF THIS SECTION, THE
CHIEF JUDGE OF THE COURT OF APPEALS OR HIS OR HER DESIGNEE MAY AUTHORIZE
AN EXPERIMENTAL PROGRAM  IN  WHICH  PRESIDING  TRIAL  JUDGES,  IN  THEIR
DISCRETION, MAY PERMIT AUDIO-VISUAL COVERAGE OF CIVIL AND CRIMINAL COURT
PROCEEDINGS, INCLUDING TRIALS.
  2. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
  (A) "ADMINISTRATIVE JUDGE" SHALL MEAN THE ADMINISTRATIVE JUDGE OF EACH
JUDICIAL  DISTRICT;  THE  ADMINISTRATIVE  JUDGE  OF  NASSAU COUNTY OR OF
SUFFOLK COUNTY; THE ADMINISTRATIVE JUDGE OF THE CIVIL COURT OF THE  CITY
OF  NEW  YORK  OR  OF THE CRIMINAL COURT OF THE CITY OF NEW YORK; OR THE
PRESIDING JUDGE OF THE COURT OF CLAIMS.
  (B) "AUDIO-VISUAL COVERAGE" SHALL MEAN THE ELECTRONIC BROADCASTING  OR
OTHER TRANSMISSION TO THE PUBLIC OF RADIO OR TELEVISION SIGNALS FROM THE
COURTROOM,  THE  RECORDING  OF SOUND OR LIGHT IN THE COURTROOM FOR LATER
TRANSMISSION OR REPRODUCTION, OR THE TAKING OF STILL OR MOTION  PICTURES
IN THE COURTROOM BY THE NEWS MEDIA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01061-02-6
              

S. 4658--A                          2

  (C) "NEWS MEDIA" SHALL MEAN ANY NEWS REPORTING OR NEWS GATHERING AGEN-
CY  AND  ANY  EMPLOYEE  OR  AGENT ASSOCIATED WITH SUCH AGENCY, INCLUDING
TELEVISION, RADIO, RADIO AND TELEVISION NETWORKS, NEWS SERVICES, NEWSPA-
PERS, MAGAZINES, TRADE PAPERS, IN-HOUSE PUBLICATIONS, PROFESSIONAL JOUR-
NALS  OR ANY OTHER NEWS REPORTING OR NEWS GATHERING AGENCY, THE FUNCTION
OF WHICH IS TO INFORM THE PUBLIC, OR SOME SEGMENT THEREOF.
  (D) "PRESIDING TRIAL JUDGE" SHALL MEAN THE JUSTICE OR JUDGE  PRESIDING
OVER  PROCEEDINGS  AT WHICH AUDIO-VISUAL COVERAGE IS AUTHORIZED PURSUANT
TO THIS SECTION.
  (E) "COVERT OR UNDERCOVER CAPACITY" SHALL MEAN LAW ENFORCEMENT  ACTIV-
ITY  INVOLVING  CRIMINAL  INVESTIGATION  BY PEACE OR POLICE OFFICERS WHO
USUALLY AND CUSTOMARILY WEAR NO UNIFORM, BADGE OR OTHER  OFFICIAL  IDEN-
TIFICATION IN PUBLIC VIEW.
  (F)  "ARRAIGNMENT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
IN SUBDIVISION NINE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  (G) "SUPPRESSION HEARING" SHALL MEAN A HEARING ON A MOTION MADE PURSU-
ANT TO THE PROVISIONS OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW; A
HEARING ON A MOTION TO DETERMINE THE ADMISSIBILITY OF ANY  PRIOR  CRIMI-
NAL,  VICIOUS  OR IMMORAL ACTS OF A DEFENDANT AND ANY OTHER HEARING HELD
TO DETERMINE THE ADMISSIBILITY OF EVIDENCE.
  (H) "NONPARTY WITNESS" SHALL MEAN ANY  WITNESS  IN  A  CRIMINAL  TRIAL
PROCEEDING  WHO  IS  NOT A PARTY TO SUCH PROCEEDING; EXCEPT AN EXPERT OR
PROFESSIONAL WITNESS, A PEACE OR POLICE OFFICER WHO ACTED IN THE  COURSE
OF HIS OR HER DUTIES AND WAS NOT ACTING IN A COVERT OR UNDERCOVER CAPAC-
ITY  IN  CONNECTION WITH THE INSTANT COURT PROCEEDING, OR ANY GOVERNMENT
OFFICIAL ACTING IN AN OFFICIAL CAPACITY, SHALL NOT BE  DEEMED  TO  BE  A
"NONPARTY WITNESS".
  (I) "VISUALLY OBSCURED" SHALL MEAN THAT THE FACE OF A PARTICIPANT IN A
CRIMINAL TRIAL PROCEEDING SHALL EITHER NOT BE SHOWN OR SHALL BE RENDERED
VISUALLY  UNRECOGNIZABLE  TO  THE  VIEWER OF SUCH PROCEEDING BY MEANS OF
SPECIAL EDITING BY THE NEWS MEDIA.
  3. REQUESTS FOR COVERAGE OF PROCEEDINGS; ADMINISTRATIVE REVIEW.    (A)
PRIOR  TO THE COMMENCEMENT OF THE PROCEEDINGS, ANY NEWS MEDIA INTERESTED
IN PROVIDING AUDIO-VISUAL COVERAGE OF COURT  PROCEEDINGS  SHALL  FILE  A
REQUEST WITH THE PRESIDING TRIAL JUDGE, IF ASSIGNED, OR IF NO ASSIGNMENT
HAS  BEEN  MADE,  TO  THE  JUDGE RESPONSIBLE FOR MAKING SUCH ASSIGNMENT.
REQUESTS FOR AUDIO-VISUAL COVERAGE SHALL BE MADE IN WRITING AND NOT LESS
THAN SEVEN DAYS BEFORE THE COMMENCEMENT OF THE JUDICIAL PROCEEDING,  AND
SHALL  REFER TO THE INDIVIDUAL PROCEEDING WITH SUFFICIENT IDENTIFICATION
TO ASSIST THE PRESIDING TRIAL JUDGE IN CONSIDERING  THE  REQUEST.  WHERE
CIRCUMSTANCES  ARE  SUCH THAT AN APPLICANT CANNOT REASONABLY APPLY SEVEN
OR MORE DAYS BEFORE THE COMMENCEMENT OF THE  PROCEEDING,  THE  PRESIDING
TRIAL JUDGE MAY SHORTEN THE TIME PERIOD FOR REQUESTS.
  (B)  PERMISSION  FOR NEWS MEDIA COVERAGE SHALL BE AT THE DISCRETION OF
THE PRESIDING TRIAL JUDGE. AN ORDER GRANTING OR DENYING  A  REQUEST  FOR
AUDIO-VISUAL  COVERAGE  OF A PROCEEDING SHALL BE IN WRITING AND SHALL BE
INCLUDED IN THE RECORD OF SUCH PROCEEDING. SUCH ORDER SHALL CONTAIN  ANY
RESTRICTIONS IMPOSED BY THE JUDGE ON THE AUDIO-VISUAL COVERAGE AND SHALL
CONTAIN A STATEMENT ADVISING THE PARTIES THAT ANY VIOLATION OF THE ORDER
IS  PUNISHABLE BY CONTEMPT PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER.
SUCH ORDER FOR INITIAL ACCESS SHALL BE SUBJECT ONLY  TO  REVIEW  BY  THE
APPROPRIATE  ADMINISTRATIVE  JUDGE;  THERE  SHALL BE NO FURTHER JUDICIAL
REVIEW OF SUCH ORDER  OR  DETERMINATION  DURING  THE  PENDENCY  OF  SUCH
PROCEEDING  BEFORE  SUCH  TRIAL  JUDGE.  NO  ORDER ALLOWING AUDIO-VISUAL
COVERAGE OF A PROCEEDING SHALL BE SEALED.

S. 4658--A                          3

  (C) SUBJECT TO THE PROVISIONS OF SUBDIVISION SEVEN  OF  THIS  SECTION,
UPON  A  REQUEST  FOR  AUDIO-VISUAL  COVERAGE  OF COURT PROCEEDINGS, THE
PRESIDING TRIAL JUDGE SHALL, AT A MINIMUM, TAKE INTO ACCOUNT THE FOLLOW-
ING FACTORS: (I) THE TYPE OF CASE INVOLVED; (II) WHETHER  SUCH  COVERAGE
WOULD  CAUSE  HARM TO ANY PARTICIPANT IN THE CASE OR OTHERWISE INTERFERE
WITH THE FAIR ADMINISTRATION OF JUSTICE, THE ADVANCEMENT OF A FAIR TRIAL
OR THE RIGHTS OF THE PARTIES; (III)  WHETHER  ANY  ORDER  DIRECTING  THE
EXCLUSION OF WITNESSES FROM THE COURTROOM PRIOR TO THEIR TESTIMONY COULD
BE  RENDERED SUBSTANTIALLY INEFFECTIVE BY ALLOWING AUDIO-VISUAL COVERAGE
THAT COULD BE VIEWED BY SUCH WITNESSES TO THE DETRIMENT  OF  ANY  PARTY;
(IV)  WHETHER  SUCH  COVERAGE  WOULD  INTERFERE WITH ANY LAW ENFORCEMENT
ACTIVITY; OR (V) WHETHER THE SUBJECT MATTER INVOLVES LEWD OR  SCANDALOUS
MATTERS.
  (D) A REQUEST FOR AUDIO-VISUAL COVERAGE MADE AFTER THE COMMENCEMENT OF
A  TRIAL  PROCEEDING  IN  WHICH  A  JURY IS SITTING SHALL NOT BE GRANTED
UNLESS (I) COUNSEL FOR ALL PARTIES TO THE  PROCEEDING  CONSENT  TO  SUCH
COVERAGE,  OR  (II)  THE  REQUEST  IS FOR COVERAGE OF THE VERDICT AND/OR
SENTENCING IN SUCH PROCEEDING.
  4. SUPERVISION OF AUDIO-VISUAL COVERAGE;  MANDATORY  PRETRIAL  CONFER-
ENCE;  JUDICIAL  DISCRETION.    (A)  AUDIO-VISUAL  COVERAGE  OF  A COURT
PROCEEDING SHALL BE SUBJECT TO THE SUPERVISION OF  THE  PRESIDING  TRIAL
JUDGE.  IN  SUPERVISING  AUDIO-VISUAL  COVERAGE OF COURT PROCEEDINGS, IN
PARTICULAR ANY WHICH INVOLVE LEWD OR  SCANDALOUS  MATTERS,  A  PRESIDING
TRIAL JUDGE SHALL, WHERE NECESSARY FOR THE PROTECTION OF ANY PARTICIPANT
OR  TO  PRESERVE THE WELFARE OF A MINOR, PROHIBIT ALL OR ANY PART OF THE
AUDIO-VISUAL COVERAGE OF SUCH PARTICIPANT, MINOR OR EXHIBIT.
  (B) A PRETRIAL  CONFERENCE  SHALL  BE  HELD  IN  EACH  CASE  IN  WHICH
AUDIO-VISUAL COVERAGE OF A PROCEEDING HAS BEEN APPROVED. AT SUCH CONFER-
ENCE  THE  PRESIDING TRIAL JUDGE SHALL REVIEW, WITH COUNSEL AND THE NEWS
MEDIA  WHO  WILL  PARTICIPATE  IN   THE   AUDIO-VISUAL   COVERAGE,   THE
RESTRICTIONS  TO  BE  IMPOSED.  COUNSEL  SHALL  CONVEY  TO THE COURT ANY
CONCERNS OF PROSPECTIVE WITNESSES WITH RESPECT TO AUDIO-VISUAL COVERAGE.
  (C) THERE SHALL BE NO LIMITATION ON THE EXERCISE OF  DISCRETION  UNDER
THIS  SUBDIVISION  EXCEPT  AS PROVIDED BY LAW. THE PRESIDING TRIAL JUDGE
MAY AT ANY TIME MODIFY OR REVERSE ANY PRIOR ORDER OR DETERMINATION.
  5. CONSENT. (A) AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS,  EXCEPT
FOR  ARRAIGNMENTS  AND SUPPRESSION HEARINGS, SHALL NOT BE LIMITED BY THE
OBJECTION OF COUNSEL, PARTIES, OR JURORS, EXCEPT FOR A  FINDING  BY  THE
PRESIDING TRIAL JUDGE OF GOOD OR LEGAL CAUSE.
  (B)  AUDIO-VISUAL  COVERAGE  OF  ARRAIGNMENTS AND SUPPRESSION HEARINGS
SHALL BE PERMITTED ONLY WITH THE CONSENT OF ALL PARTIES TO THE  PROCEED-
ING;  PROVIDED, HOWEVER, WHERE A PARTY IS NOT YET REPRESENTED BY COUNSEL
CONSENT MAY NOT BE GIVEN UNLESS THE PARTY HAS BEEN ADVISED OF HIS OR HER
RIGHT TO THE AID OF COUNSEL PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
170.10 OR SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW AND THE PARTY HAS
AFFIRMATIVELY ELECTED TO PROCEED WITHOUT COUNSEL AT SUCH PROCEEDING.
  (C)  COUNSEL TO EACH PARTY IN A CRIMINAL TRIAL PROCEEDING SHALL ADVISE
EACH NONPARTY WITNESS THAT HE OR SHE HAS THE RIGHT TO REQUEST  THAT  HIS
OR  HER  IMAGE  BE VISUALLY OBSCURED DURING SAID WITNESS' TESTIMONY, AND
UPON SUCH REQUEST THE PRESIDING TRIAL JUDGE SHALL ORDER THE  NEWS  MEDIA
TO VISUALLY OBSCURE THE VISUAL IMAGE OF THE WITNESS IN ANY AND ALL AUDI-
O-VISUAL COVERAGE OF THE JUDICIAL PROCEEDING.
  6.  RESTRICTIONS  RELATING TO EQUIPMENT AND PERSONNEL; SOUND AND LIGHT
CRITERIA. WHERE AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS IS AUTHORIZED
PURSUANT TO THIS SECTION, THE FOLLOWING RESTRICTIONS SHALL BE OBSERVED:
  (A) EQUIPMENT AND PERSONNEL:

S. 4658--A                          4

  (I) NO MORE THAN TWO ELECTRONIC OR  MOTION  PICTURE  CAMERAS  AND  TWO
CAMERA OPERATORS SHALL BE PERMITTED IN ANY PROCEEDING.
  (II)  NO  MORE THAN ONE PHOTOGRAPHER TO OPERATE TWO STILL CAMERAS WITH
NOT MORE THAN TWO LENSES FOR EACH  CAMERA  SHALL  BE  PERMITTED  IN  ANY
PROCEEDING.
  (III)  NO  MORE  THAN ONE AUDIO SYSTEM FOR BROADCAST PURPOSES SHALL BE
PERMITTED IN ANY PROCEEDING. AUDIO PICKUP FOR ALL MEDIA  PURPOSES  SHALL
BE  EFFECTUATED THROUGH EXISTING AUDIO SYSTEMS IN THE COURT FACILITY. IF
NO TECHNICALLY SUITABLE  AUDIO  SYSTEM  IS  AVAILABLE,  MICROPHONES  AND
RELATED  WIRING  ESSENTIAL FOR MEDIA PURPOSES SHALL BE SUPPLIED BY THOSE
PERSONS PROVIDING  AUDIO-VISUAL  COVERAGE.  ANY  MICROPHONES  AND  SOUND
WIRING  SHALL  BE  UNOBTRUSIVE  AND  LOCATED IN PLACES DESIGNATED BY THE
PRESIDING TRIAL JUDGE.
  (IV) NOTWITHSTANDING THE PROVISIONS OF  SUBPARAGRAPHS  (I),  (II)  AND
(III) OF THIS PARAGRAPH, THE PRESIDING TRIAL JUDGE MAY MODIFY HIS OR HER
ORIGINAL ORDER TO INCREASE OR DECREASE THE AMOUNT OF EQUIPMENT THAT WILL
BE  PERMITTED  INTO A COURTROOM ON A FINDING OF SPECIAL CIRCUMSTANCES SO
LONG AS IT WILL NOT IMPAIR THE DIGNITY OF  THE  COURT  OR  THE  JUDICIAL
PROCESS.
  (V)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBPARAGRAPHS (I), (II) AND
(III) OF THIS PARAGRAPH, THE EQUIPMENT AUTHORIZED THEREIN SHALL  NOT  BE
ADMITTED  INTO  A  COURT  PROCEEDING  UNLESS  ALL  PERSONS INTERESTED IN
PROVIDING AUDIO-VISUAL COVERAGE OF SUCH PROCEEDINGS SHALL  HAVE  ENTERED
INTO  POOLING  ARRANGEMENTS FOR THEIR RESPECTIVE GROUPS.  FURTHERMORE, A
POOL OPERATOR FOR THE ELECTRONIC AND MOTION PICTURE  MEDIA  AND  A  POOL
OPERATOR  FOR  THE STILL PHOTOGRAPHY MEDIA SHALL BE SELECTED, AND PROCE-
DURES FOR COST SHARING AND DISSEMINATION OF AUDIO-VISUAL MATERIAL ESTAB-
LISHED. THE COURT SHALL NOT BE CALLED UPON TO  MEDIATE  OR  RESOLVE  ANY
DISPUTE AS TO SUCH ARRANGEMENTS. IN MAKING POOLING ARRANGEMENTS, CONSID-
ERATION  SHALL BE GIVEN TO EDUCATIONAL USERS' NEEDS FOR FULL COVERAGE OF
ENTIRE PROCEEDINGS.
  (B) SOUND AND LIGHT CRITERIA:
  (I) ONLY ELECTRONIC AND MOTION PICTURE CAMERAS,  AUDIO  EQUIPMENT  AND
STILL  CAMERA  EQUIPMENT WHICH DO NOT PRODUCE DISTRACTING SOUND OR LIGHT
SHALL BE EMPLOYED TO COVER JUDICIAL PROCEEDINGS. THE CHIEF ADMINISTRATOR
OF THE COURTS SHALL PROMULGATE A LIST OF ACCEPTABLE EQUIPMENT MODELS.
  (II) NO MOTORIZED DRIVES SHALL BE PERMITTED,  AND  NO  MOVING  LIGHTS,
FLASH  ATTACHMENTS, OR SUDDEN LIGHTING CHANGES SHALL BE PERMITTED DURING
JUDICIAL PROCEEDINGS.
  (III) NO LIGHT OR SIGNAL VISIBLE  OR  AUDIBLE  TO  TRIAL  PARTICIPANTS
SHALL  BE USED ON ANY EQUIPMENT DURING AUDIO-VISUAL COVERAGE TO INDICATE
WHETHER IT IS OPERATING.
  (IV) IT SHALL BE THE AFFIRMATIVE DUTY OF ANY PERSON  DESIRING  TO  USE
EQUIPMENT  OTHER  THAN  THAT  AUTHORIZED  BY  THE CHIEF ADMINISTRATOR TO
DEMONSTRATE TO THE PRESIDING TRIAL JUDGE, ADEQUATELY IN ADVANCE  OF  ANY
PROCEEDING,  THAT  THE  EQUIPMENT SOUGHT TO BE UTILIZED MEETS ACCEPTABLE
SOUND AND LIGHT CRITERIA. A FAILURE TO OBTAIN ADVANCE JUDICIAL  APPROVAL
FOR EQUIPMENT SHALL PRECLUDE ITS USE IN ANY PROCEEDING.
  (V)  WITH  THE  CONCURRENCE OF THE PRESIDING TRIAL JUDGE MODIFICATIONS
AND ADDITIONS MAY BE MADE TO LIGHT SOURCES  EXISTING  IN  THE  FACILITY,
PROVIDED SUCH MODIFICATIONS OR ADDITIONS ARE INSTALLED AND MAINTAINED AT
THE  EXPENSE  OF  THE NEWS MEDIA WHO ARE PROVIDING AUDIO-VISUAL COVERAGE
AND PROVIDED THEY ARE NOT DISTRACTING OR OTHERWISE OFFENSIVE.
  (C) LOCATION  OF  EQUIPMENT  AND  PERSONNEL.  CAMERAS,  EQUIPMENT  AND
PERSONNEL  SHALL  BE POSITIONED IN LOCATIONS DESIGNATED BY THE PRESIDING
TRIAL JUDGE.

S. 4658--A                          5

  (I) ALL AUDIO-VISUAL COVERAGE OPERATORS SHALL ASSUME  THEIR  ASSIGNED,
FIXED  POSITION  WITHIN THE DESIGNATED AREA AND ONCE ESTABLISHED IN SUCH
POSITION, SHALL ACT IN A MANNER SO AS NOT TO  CALL  ATTENTION  TO  THEIR
ACTIVITIES.
  (II) THE AREAS SO DESIGNATED SHALL PROVIDE REASONABLE ACCESS TO COVER-
AGE  WITH THE LEAST POSSIBLE INTERFERENCE WITH COURT PROCEEDINGS. EQUIP-
MENT THAT IS NOT NECESSARY FOR AUDIO-VISUAL  COVERAGE  FROM  INSIDE  THE
COURTROOM SHALL BE LOCATED IN AN AREA OUTSIDE THE COURTROOM.
  (D)  MOVEMENT  OF EQUIPMENT DURING PROCEEDINGS. EQUIPMENT SHALL NOT BE
PLACED IN, MOVED ABOUT  OR  REMOVED  FROM  THE  COURTROOM,  AND  RELATED
PERSONNEL  SHALL NOT MOVE ABOUT THE COURTROOM, EXCEPT PRIOR TO COMMENCE-
MENT OR AFTER ADJOURNMENT OF PROCEEDINGS EACH DAY, OR DURING  A  RECESS.
CAMERA  FILM  AND  LENSES  SHALL  BE  CHANGED  ONLY  DURING  A RECESS IN
PROCEEDINGS.
  7. RESTRICTIONS ON AUDIO-VISUAL COVERAGE. NOTWITHSTANDING THE  INITIAL
APPROVAL OF A REQUEST FOR AUDIO-VISUAL COVERAGE OF ANY COURT PROCEEDING,
THE  PRESIDING TRIAL JUDGE SHALL HAVE DISCRETION THROUGHOUT THE PROCEED-
ING TO REVOKE SUCH APPROVAL OR LIMIT SUCH COVERAGE, AND MAY WHERE APPRO-
PRIATE EXERCISE SUCH DISCRETION TO LIMIT, RESTRICT OR PROHIBIT AUDIO  OR
VIDEO  BROADCAST  OR  PHOTOGRAPHY  OF  ANY PART OF THE PROCEEDING IN THE
COURTROOM, OR OF THE NAME OR FEATURES OF ANY PARTICIPANT THEREIN. IN ANY
CASE, AUDIO-VISUAL COVERAGE SHALL BE LIMITED AS FOLLOWS:
  (A) NO AUDIO PICKUP OR AUDIO BROADCAST OF CONFERENCES WHICH OCCUR IN A
COURT FACILITY BETWEEN ATTORNEYS AND THEIR CLIENTS,  BETWEEN  CO-COUNSEL
OF  A CLIENT, OR BETWEEN COUNSEL AND THE PRESIDING TRIAL JUDGE, SHALL BE
PERMITTED WITHOUT THE PRIOR EXPRESS CONSENT OF ALL PARTICIPANTS  IN  THE
CONFERENCE;
  (B)  NO CONFERENCE IN CHAMBERS SHALL BE SUBJECT TO AUDIO-VISUAL COVER-
AGE;
  (C) NO AUDIO-VISUAL COVERAGE OF THE SELECTION OF THE PROSPECTIVE  JURY
DURING VOIR DIRE SHALL BE PERMITTED;
  (D) NO AUDIO-VISUAL COVERAGE OF THE JURY, OR OF ANY JUROR OR ALTERNATE
JUROR, WHILE IN THE JURY BOX, IN THE COURTROOM, IN THE JURY DELIBERATION
ROOM  DURING  RECESS, OR WHILE GOING TO OR FROM THE DELIBERATION ROOM AT
ANY TIME SHALL BE PERMITTED; PROVIDED, HOWEVER, THAT,  UPON  CONSENT  OF
THE  FOREPERSON  OF A JURY, THE PRESIDING TRIAL JUDGE MAY, IN HIS OR HER
DISCRETION, PERMIT  AUDIO  COVERAGE  OF  SUCH  FOREPERSON  DELIVERING  A
VERDICT;
  (E) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
PEACE  OR  POLICE  OFFICER  ACTED  IN A COVERT OR UNDERCOVER CAPACITY IN
CONNECTION WITH THE INSTANT COURT PROCEEDING, WITHOUT THE PRIOR  WRITTEN
CONSENT OF SUCH WITNESS;
  (F) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
PEACE  OR  POLICE OFFICER IS CURRENTLY ENGAGED IN A COVERT OR UNDERCOVER
CAPACITY, WITHOUT THE PRIOR WRITTEN CONSENT OF SUCH WITNESS;
  (G) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF  THE  VICTIM  IN  A
PROSECUTION  FOR  RAPE,  CRIMINAL  SEXUAL ACT, SEXUAL ABUSE OR OTHER SEX
OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25 OF THE  PENAL
LAW;  NOTWITHSTANDING THE INITIAL APPROVAL OF A REQUEST FOR AUDIO-VISUAL
COVERAGE OF SUCH A PROCEEDING, THE  PRESIDING  TRIAL  JUDGE  SHALL  HAVE
DISCRETION  THROUGHOUT  THE PROCEEDING TO LIMIT ANY COVERAGE WHICH WOULD
IDENTIFY THE VICTIM, EXCEPT THAT SAID VICTIM CAN REQUEST OF THE  PRESID-
ING  TRIAL  JUDGE  THAT AUDIO-VISUAL COVERAGE BE PERMITTED OF HIS OR HER
TESTIMONY, OR IN THE ALTERNATIVE THE VICTIM CAN REQUEST THAT COVERAGE OF
HIS OR HER TESTIMONY BE PERMITTED BUT THAT HIS OR  HER  IMAGE  SHALL  BE
VISUALLY  OBSCURED  BY  THE NEWS MEDIA, AND THE PRESIDING TRIAL JUDGE IN

S. 4658--A                          6

HIS OR HER DISCRETION SHALL GRANT THE REQUEST  OF  THE  VICTIM  FOR  THE
COVERAGE SPECIFIED;
  (H) NO AUDIO-VISUAL COVERAGE OF ANY ARRAIGNMENT OR SUPPRESSION HEARING
SHALL  BE  PERMITTED  WITHOUT  THE  PRIOR  CONSENT OF ALL PARTIES TO THE
PROCEEDING; PROVIDED, HOWEVER, WHERE A PARTY IS NOT YET  REPRESENTED  BY
COUNSEL  CONSENT  MAY  NOT BE GIVEN UNLESS THE PARTY HAS BEEN ADVISED OF
HIS OR HER RIGHT TO THE AID OF COUNSEL PURSUANT TO SUBDIVISION  FOUR  OF
SECTION  170.10  OR SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW AND THE
PARTY HAS AFFIRMATIVELY ELECTED  TO  PROCEED  WITHOUT  COUNSEL  AT  SUCH
PROCEEDING;
  (I)  NO  JUDICIAL PROCEEDING SHALL BE SCHEDULED, DELAYED, REENACTED OR
CONTINUED AT THE REQUEST OF, OR FOR THE CONVENIENCE OF THE NEWS MEDIA;
  (J) NO AUDIO-VISUAL COVERAGE OF ANY PARTICIPANT SHALL BE PERMITTED  IF
THE PRESIDING TRIAL JUDGE FINDS THAT SUCH COVERAGE IS LIABLE TO ENDANGER
THE SAFETY OF ANY PERSON;
  (K)  NO AUDIO-VISUAL COVERAGE OF ANY JUDICIAL PROCEEDINGS WHICH ARE BY
LAW CLOSED TO THE PUBLIC, OR WHICH MAY BE CLOSED TO THE PUBLIC AND WHICH
HAVE BEEN CLOSED BY THE PRESIDING TRIAL JUDGE SHALL BE PERMITTED; AND
  (L) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED WHICH  FOCUSES  ON  OR
FEATURES A FAMILY MEMBER OF A VICTIM OR A PARTY IN THE TRIAL OF A CRIMI-
NAL  CASE,  EXCEPT  WHILE SUCH FAMILY MEMBER IS TESTIFYING. AUDIO-VISUAL
COVERAGE OPERATORS SHALL MAKE ALL REASONABLE EFFORTS  TO  DETERMINE  THE
IDENTITY OF SUCH PERSONS, SO THAT SUCH COVERAGE SHALL NOT OCCUR.
  8. VIOLATIONS. ANY VIOLATION OF AN ORDER OR DETERMINATION ISSUED UNDER
THIS SECTION SHALL BE PUNISHABLE AS A CONTEMPT PURSUANT TO ARTICLE NINE-
TEEN OF THIS CHAPTER.
  9.  REVIEW COMMITTEE. (A) THERE SHALL BE CREATED A COMMITTEE TO REVIEW
AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS. THE COMMITTEE SHALL  CONSIST
OF TWELVE MEMBERS OF WHOM:  THREE TO BE APPOINTED BY THE GOVERNOR, THREE
TO  BE  APPOINTED  BY THE CHIEF JUDGE OF THE COURT OF APPEALS, TWO TO BE
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO TO BE  APPOINTED
BY  THE  SPEAKER  OF  THE  ASSEMBLY, ONE TO BE APPOINTED BY THE MINORITY
LEADER OF THE SENATE AND ONE TO BE APPOINTED BY THE MINORITY  LEADER  OF
THE ASSEMBLY. THE CHAIR OF THE COMMITTEE SHALL BE APPOINTED BY THE CHIEF
JUDGE  OF THE COURT OF APPEALS. AT LEAST ONE MEMBER OF THE COMMITTEE AND
NO MORE THAN TWO MEMBERS OF THE COMMITTEE SHALL BE A  REPRESENTATIVE  OF
THE  BROADCAST  MEDIA,  BE  EMPLOYED  BY  THE BROADCAST MEDIA OR RECEIVE
COMPENSATION FROM THE BROADCAST MEDIA.  AT  LEAST  TWO  MEMBERS  OF  THE
COMMITTEE  SHALL  BE  MEMBERS OF THE BAR, ENGAGED IN THE PRACTICE OF LAW
AND REGULARLY CONDUCT TRIALS AND/OR APPELLATE ARGUMENTS;  AND  AT  LEAST
ONE MEMBER OF THE COMMITTEE SHALL BY PROFESSIONAL TRAINING AND EXPERTISE
BE  QUALIFIED  TO  EVALUATE AND ANALYZE RESEARCH METHODOLOGY RELEVANT TO
ANALYZING THE IMPACT AND EFFECT OF  AUDIO-VISUAL  COVERAGE  OF  JUDICIAL
PROCEEDINGS.  NO  ONE WHO HAS SERVED ON AN EARLIER COMMITTEE ESTABLISHED
BY LAW TO REVIEW AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS  IN  THIS
STATE  MAY  BE APPOINTED TO SUCH COMMITTEE. NO MEMBER OR EMPLOYEE OF THE
EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCHES OF THE STATE GOVERNMENT MAY
BE APPOINTED TO SUCH COMMITTEE.
  (B) THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION  FOR
THEIR  SERVICES  AS  MEMBERS  OF  THE COMMITTEE, EXCEPT THAT EACH OF THE
NONPUBLIC MEMBERS OF THE COMMITTEE MAY  BE  ALLOWED  THE  NECESSARY  AND
ACTUAL TRAVEL, MEALS AND LODGING EXPENSES WHICH HE OR SHE SHALL INCUR IN
THE  PERFORMANCE  OF  HIS OR HER DUTIES UNDER THIS SECTION. ANY EXPENSES
INCURRED PURSUANT TO THIS SECTION SHALL BE A CHARGE AGAINST  THE  OFFICE
OF COURT ADMINISTRATION.

S. 4658--A                          7

  (C)  THE  COMMITTEE  SHALL  HAVE THE POWER, DUTY AND RESPONSIBILITY TO
EVALUATE, ANALYZE AND MONITOR THE PROVISIONS OF THIS SECTION. THE OFFICE
OF COURT ADMINISTRATION AND ALL PARTICIPANTS IN PROCEEDINGS WHERE  AUDI-
O-VISUAL COVERAGE WAS PERMITTED, INCLUDING JUDGES, ATTORNEYS AND JURORS,
SHALL  COOPERATE WITH THE COMMITTEE IN CONNECTION WITH THE REVIEW OF THE
IMPACT OF AUDIO-VISUAL COVERAGE ON SUCH PROCEEDINGS. THE COMMITTEE SHALL
REQUEST PARTICIPATION AND ASSISTANCE FROM THE NEW YORK STATE BAR ASSOCI-
ATION AND OTHER BAR ASSOCIATIONS. THE COMMITTEE SHALL ISSUE A REPORT  TO
THE  LEGISLATURE,  THE  GOVERNOR  AND  THE  CHIEF  JUDGE OF THE COURT OF
APPEALS EVALUATING THE EFFICACY OF THE PROGRAM AND  WHETHER  ANY  PUBLIC
BENEFITS  ACCRUE  FROM  THE PROGRAM, ANY ABUSES THAT OCCURRED DURING THE
PROGRAM AND THE EXTENT TO WHICH AND IN WHAT WAY THE CONDUCT  OF  PARTIC-
IPANTS  IN COURT PROCEEDINGS CHANGES WHEN AUDIO-VISUAL COVERAGE IS PRES-
ENT. THE COMMITTEE SHALL EXPRESSLY AND SPECIFICALLY ANALYZE AND EVALUATE
THE DEGREE OF  COMPLIANCE  BY  TRIAL  JUDGES  AND  THE  MEDIA  WITH  THE
PROVISIONS  OF  THIS  SECTION AND THE EFFECT OF AUDIO-VISUAL COVERAGE ON
THE CONDUCT OF TRIAL JUDGES BOTH INSIDE AND OUTSIDE THE COURTROOM.  SUCH
REPORT SHALL BE SUBMITTED TO THE LEGISLATURE, THE GOVERNOR AND THE CHIEF
JUDGE  OF  THE  COURT  OF  APPEALS BY JANUARY THIRTY-FIRST, TWO THOUSAND
SEVENTEEN.
  10. RULES AND REGULATIONS. THE CHIEF  ADMINISTRATOR  SHALL  PROMULGATE
APPROPRIATE   RULES  AND  REGULATIONS  FOR  THE  IMPLEMENTATION  OF  THE
PROVISIONS OF THIS SECTION AFTER AFFORDING ALL INTERESTED PERSONS, AGEN-
CIES AND INSTITUTIONS AN OPPORTUNITY TO REVIEW AND COMMENT THEREON. SUCH
RULES AND REGULATIONS SHALL INCLUDE PROVISIONS TO ENSURE THAT  AUDIO-VI-
SUAL  COVERAGE OF TRIAL PROCEEDINGS SHALL NOT INTERFERE WITH THE DECORUM
AND DIGNITY OF COURTROOMS AND COURT FACILITIES.
  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 and shall expire and be
deemed repealed 5 years after such effective date.