S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10493
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  conducting
   hearings  on a felony complaint during a state disaster emergency; 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.  The  criminal  procedure  law  is amended by adding a new
 section 180.65 to read as follows:
 § 180.65 HEARING UPON  FELONY  COMPLAINT;  EMERGENCY  PROVISION   DURING
             DISASTER EMERGENCY.
   DURING  THE  PERIOD  OF  THE  COVID-19  STATE  DISASTER  EMERGENCY, AS
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY AND EXTENSIONS THEREOF AND ARTICLE TWO-B  OF  THE  EXECUTIVE
 LAW, THE FOLLOWING ADDITIONAL PROVISIONS SHALL APPLY TO THE CONDUCT OF A
 HEARING ON A FELONY COMPLAINT PURSUANT TO THIS ARTICLE:
   1.  THE APPEARANCE OF ANY PARTY AND ANY WITNESS AT SUCH HEARING MAY BE
 BY ELECTRONIC APPEARANCE THROUGH AN INDEPENDENT AUDIO-VISUAL SYSTEM,  AS
 SUCH  TERMS ARE DEFINED IN SECTION 182.10 OF THIS TITLE, WHERE THE COURT
 FINDS AFTER HEARING FROM THE PARTIES AND ANY  SUCH  WITNESS,  EITHER  IN
 PERSON  OR  BY  ELECTRONIC  APPEARANCE, THAT DUE TO THE PERSON'S CIRCUM-
 STANCES AND SUCH DISASTER EMERGENCY A PERSONAL APPEARANCE BY SUCH  PARTY
 OR WITNESS WOULD BE AN UNREASONABLE HARDSHIP TO SUCH PERSON OR WITNESS.
   2. AT ANY SUCH HEARING ON THE FELONY COMPLAINT, THE JUDGE MUST BE ABLE
 TO HEAR AND SEE THE IMAGE OF EACH WITNESS CLEARLY THOUGH THE INDEPENDENT
 AUDIO-VISUAL  SYSTEM AND SUCH SOUND AND VISUAL IMAGE SHALL BE SIMILAR TO
 THE SOUND AND IMAGE THE JUDGE WOULD HEAR AND SEE  IF  THE  WITNESS  WERE
 PRESENT TOGETHER WITH THE JUDGE TESTIFYING IN THE COURTROOM.  DOCUMENTS,
 PHOTOGRAPHS  AND  THE LIKE OFFERED AT THE HEARING MAY BE EXCHANGED AMONG
 THE PARTIES BY ELECTRONIC MEANS. A STENOGRAPHIC TRANSCRIPTION OR  APPRO-
 PRIATE  AUDIO  RECORDING OF THE PROCEEDINGS SHALL BE MAINTAINED, AND THE
 LIVE TESTIMONY RECEIVED BY ELECTRONIC APPEARANCE, AND  OTHER  ELECTRONIC
 APPEARANCES WHERE PRACTICABLE, SHALL BE VIDEO RECORDED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16470-02-0

 A. 10493                            2
 
   3. THE AUTHORITY FOR AN ELECTRONIC APPEARANCE PURSUANT TO THIS SECTION
 SHALL  BE  CONSIDERED  SUFFICIENT MEANS TO ENABLE THE COURT TO CONDUCT A
 HEARING ON A FELONY COMPLAINT WITHIN THE MEANING OF  SECTION  180.80  OF
 THIS ARTICLE.
   §  2.  The opening paragraph of subdivision 3 of section 180.80 of the
 criminal procedure law is designated paragraph (a) and a  new  paragraph
 (b) is added to read as follows:
   (B) IN THE EVENT OF A STATE DISASTER EMERGENCY, DECLARED IN ACCORDANCE
 WITH  ARTICLE  TWO-B  OF  THE EXECUTIVE LAW, ELECTRONIC APPEARANCES AT A
 HEARING ON A FELONY COMPLAINT SHALL BE GOVERNED  BY  SECTION  180.65  OF
 THIS ARTICLE.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed repealed on  April  30,
 2021.