S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9592
 
                           I N  A S S E M B L Y
 
                              March 17, 2022
                                ___________
 
 Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. CAHILL,
   GALEF, QUART -- read once and referred to the Committee on Judiciary
 
 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 Section 218 of the judiciary law  is  REPEALED  and  a  new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:
   §  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.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02679-03-2
 A. 9592                             2
 
   (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.
   (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
 A. 9592                             3
 
 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 CONFERENCE
 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  PROSPEC-
 TIVE 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:
   (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
 A. 9592                             4
 
 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.
   (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-
 A. 9592                             5
 
 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
 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
 A. 9592                             6
 
 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.
   (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-
 A. 9592                             7
 
 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
 TWENTY-THREE.
   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.
   § 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.