Assembly Bill A10692

2019-2020 Legislative Session

Relates to conducting hearings of a grand jury proceeding during a state disaster emergency

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • 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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2019-A10692 (ACTIVE) - Details

See Senate Version of this Bill:
S8891
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §190.95, amd §190.80, CP L
Versions Introduced in 2021-2022 Legislative Session:
A2424

2019-A10692 (ACTIVE) - Summary

Authorizes electronic appearances before a grand jury proceeding in the event of a state disaster emergency, declared in accordance with article two-B of the executive law.

2019-A10692 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10692
 
                           I N  A S S E M B L Y
 
                               July 1, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Seawright)
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  conducting
   hearings of a grand jury proceeding during a state disaster emergency;
   and providing for the repeal of such provisions upon expiration there-
   of

   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 190.95 to read as follows:
 § 190.95 HEARING UPON GRAND JURY PROCEEDINGS; 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 CHAPTER, 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, THE JURORS 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  JUROR  WOULD HEAR AND SEE IF THE WITNESS WERE PRESENT TOGETHER WITH
 THE JUROR TESTIFYING IN THE COURTROOM. DOCUMENTS,  PHOTOGRAPHS  AND  THE
 LIKE  OFFERED AT THE HEARING MAY BE EXCHANGED AMONG THE PARTIES BY ELEC-
 TRONIC MEANS. A STENOGRAPHIC TRANSCRIPTION OR APPROPRIATE AUDIO  RECORD-
 ING  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
              

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