S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10527
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  hearings
   conducted on a felony complaint during a state disaster emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 180.65 of the criminal procedure law, as added by a
 chapter of the laws of 2020, amending the criminal procedure law  relat-
 ing to conducting hearings on a felony complaint during a state disaster
 emergency,  as  proposed  in  legislative  bills  numbers S. 8414 and A.
 10493, is amended 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 UPON ITS OWN MOTION after hearing from the parties  and  any  such
 witness,  either  in person or by electronic appearance, that due to the
 person's circumstances and such disaster emergency a personal appearance
 by such party or witness would  be  an  unreasonable  hardship  to  such
 person  or  witness OR CREATE AN UNREASONABLE HEALTH RISK TO THE PUBLIC,
 COURT STAFF OR ANYONE ELSE INVOLVED IN THE PROCEEDING.
   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]  THROUGH  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  court-
 room.  Documents, photographs and the like offered at the hearing may be
 exchanged  among  the  parties by electronic means. A stenographic tran-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16470-07-0

 A. 10527                            2
 
 scription or appropriate 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  BY  THE  COURT,  AND  A  COPY  PROVIDED  TO THE PEOPLE AND THE
 DEFENSE.
   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. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2020, amending the criminal procedure
 law relating to conducting hearings on a felony complaint during a state
 disaster emergency, as proposed in legislative bills numbers S. 8414 and
 A.  10493,  takes effect, provided, however, that the amendments made to
 section 180.65 of the criminal procedure law made by section one of this
 act shall not affect the repeal of such  section  and  shall  be  deemed
 repealed therewith.