S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10350
 
                           I N  A S S E M B L Y
 
                               May 18, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
   (at request of the Office of Court Administration) --  read  once  and
   referred to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, the civil practice law and rules, the
   court of claims act, the New York city criminal court act, the uniform
   district  court  act,  the uniform city court act, the uniform justice
   court act, the criminal procedure law and the  family  court  act,  in
   relation  to  filing  by electronic means; to amend chapter 237 of the
   laws of 2015 amending the judiciary law, the civil  practice  law  and
   rules  and  other laws relating to the use of electronic means for the
   commencement and filing of papers in certain actions and  proceedings,
   in  relation  to  the  effectiveness  thereof;  and  to repeal certain
   provisions of the civil practice law and rules, the criminal procedure
   law and the family court act, relating to court filings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Clause (A) of subparagraph (i) and subparagraphs (iv), (v)
 and (vi) of paragraph (u) of subdivision 2 of section 212 of the judici-
 ary law, clause (A) of subparagraph (i) as amended by chapter 99 of  the
 laws  of  2017, subparagraphs (iv), (v) and (vi) as added by chapter 237
 of the laws of 2015 and such paragraph as relettered  by  section  1  of
 part  BB  of  chapter  55  of  the  laws of 2017, are amended to read as
 follows:
   (A) Not later than February first in each  calendar  year,  the  chief
 administrator  of the courts shall submit to the legislature, the gover-
 nor and the chief judge of the state a  report  evaluating  the  state's
 experience  with  programs  in  the  use  of  electronic  means  for the
 commencement of actions and proceedings and the service of papers there-
 in as authorized by law and containing such recommendations for  further
 legislation  as  he or she shall deem appropriate. In the preparation of
 such report, the chief administrator  shall  consult  with  each  county
 clerk in whose county a program has been implemented in [civil cases in]
 the supreme [court] AND/OR COUNTY COURT, EACH DISTRICT ATTORNEY IN WHOSE
 COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN CRIMINAL CASES IN THE COURTS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03573-01-3
 A. 10350                            2
 
 SUCH  COUNTY,  the  advisory committees established pursuant to subpara-
 graphs (ii) through (vi) of this paragraph, the organized bar  including
 but not limited to city, state, county and women's bar associations; the
 office  of  indigent legal services; institutional legal service provid-
 ers; not-for-profit legal service providers; public defenders; attorneys
 assigned pursuant to article eighteen-B of the county law;  unaffiliated
 attorneys  who  regularly  appear  in  proceedings that are or have been
 affected by any programs that  have  been  implemented  or  who  may  be
 affected by the proposed recommendations for further legislation; repre-
 sentatives  of  victims'  rights organizations; and any other persons in
 whose county a program has been implemented in any of the courts therein
 as deemed to be appropriate by the chief administrator, and afford  them
 an  opportunity  to  submit comments with respect to such implementation
 for inclusion in the report and address any such comments.
   Public comments shall also be sought via a prominent  posting  on  the
 website  of  the  office  of court administration. All comments received
 from any source shall be posted for public review on the same website.
   (iv) The chief administrator shall maintain an advisory  committee  to
 consult  with  him  or  her  in the implementation of laws affecting the
 program in the use of electronic means for  the  commencement  of  CIVIL
 actions  and proceedings and the service and filing of papers therein in
 the civil court of the city of New York, THE DISTRICT COURTS,  THE  CITY
 COURTS  OUTSIDE  NEW YORK CITY, AND THE TOWN AND VILLAGE JUSTICE COURTS.
 This committee shall consist of such number  of  members  as  the  chief
 administrator  shall  designate,  among  which  there shall be the chief
 clerk of the civil court of the city of New  York;  ONE  OR  MORE  CHIEF
 CLERKS  OF  THE  DISTRICT COURTS, THE CITY COURTS OUTSIDE NEW YORK CITY,
 AND THE TOWN AND VILLAGE JUSTICE COURTS;  THE  PRESIDENT  OF  THE  STATE
 MAGISTRATES'  ASSOCIATION OR HIS OR HER DESIGNEE; representatives of the
 organized bar including but not  limited  to  city,  state,  county  and
 women's  bar  associations;  [attorneys  who regularly appear in actions
 specified in subparagraph (C) of paragraph two  of  subdivision  (b)  of
 section  twenty-one hundred eleven of the civil practice law and rules;]
 and unaffiliated attorneys who regularly appear in proceedings that  are
 or  have been affected by the programs that have been implemented or who
 may be affected by any recommendations for further legislation  concern-
 ing  the  use  of  electronic  means for the commencement of actions and
 proceedings and the service and filing of papers therein in  [the  civil
 court  of  the  city  of  New  York] ANY OF THE COURTS SPECIFIED IN THIS
 SUBPARAGRAPH; and any other persons as deemed appropriate by  the  chief
 administrator.  Such  committee  shall  help  the chief administrator to
 evaluate the impact of  such  electronic  filing  program  on  litigants
 including  unrepresented  parties,  practitioners  and the courts and to
 obtain input from those who are or would be affected by such  electronic
 filing program, including unrepresented parties, city, state, county and
 women's  bar  associations;  institutional legal service providers; not-
 for-profit legal service providers; attorneys assigned pursuant to arti-
 cle eighteen-B of the county law; unaffiliated attorneys  who  regularly
 appear  in  proceedings  that  are or have been affected by the programs
 that have been implemented or who may be affected by any recommendations
 for further legislation concerning the  use  of  the  electronic  filing
 program in ANY OF the [civil court of the city of New York] COURTS SPEC-
 IFIED  IN  THIS  SUBPARAGRAPH;  and  any other persons in whose county a
 program has been implemented in any of the courts therein as  deemed  to
 be appropriate by the chief administrator.
 A. 10350                            3
 
   (v)  The  chief  administrator shall maintain an advisory committee to
 consult with him or her in the  implementation  of  laws  affecting  the
 program  in the use of electronic means for the commencement of criminal
 actions and the filing and service of papers in pending criminal actions
 and  proceedings[,  as  first authorized by paragraph one of subdivision
 (c) of section six of chapter four hundred sixteen of the  laws  of  two
 thousand nine, as amended by chapter one hundred eighty-four of the laws
 of  two  thousand  twelve, is continued]. The committee shall consist of
 such number of members as will enable the chief administrator to  obtain
 input  from those who are or would be affected by such electronic filing
 program, and such members shall include county clerks; chief  clerks  of
 supreme, county and other courts; district attorneys; representatives of
 the  office  of  indigent  legal  services; not-for-profit legal service
 providers; public defenders; statewide and local specialty  bar  associ-
 ations  whose membership devotes a significant portion of their practice
 to assigned criminal cases pursuant to subparagraph (i) of paragraph (a)
 of subdivision three of section seven hundred twenty-two of  the  county
 law;  institutional  providers  of  criminal  defense services and other
 members of the criminal defense bar; representatives of victims'  rights
 organizations;   unaffiliated   attorneys   who   regularly   appear  in
 proceedings that are or would be  affected  by  such  electronic  filing
 program  and other interested members of the criminal justice community.
 Such committee shall help the chief administrator to evaluate the impact
 of such electronic filing program on litigants  including  unrepresented
 parties, practitioners and the courts and to obtain input from those who
 are  or  would  be affected by such electronic filing program, including
 unrepresented parties, district attorneys, not-for-profit legal  service
 providers,  public  defenders, statewide and local specialty bar associ-
 ations whose membership devotes a significant portion of their  practice
 to assigned criminal cases pursuant to subparagraph (i) of paragraph (a)
 of  subdivision  three of section seven hundred twenty-two of the county
 law; institutional providers of  criminal  defense  services  and  other
 members  of the criminal defense bar, representatives of victims' rights
 organizations,  unaffiliated   attorneys   who   regularly   appear   in
 proceedings  that  are  or  would  be affected by such electronic filing
 program and other interested members of the criminal justice community.
   (vi) The chief administrator shall maintain an advisory  committee  to
 consult  with  him  or  her  in the implementation of laws affecting the
 program in the use of electronic means for the origination of  [juvenile
 delinquency]  proceedings  [under  article three of the family court act
 and abuse or neglect proceedings pursuant to article ten of  the  family
 court  act] in family court and the filing and service of papers in such
 pending proceedings[, as first authorized by paragraph one  of  subdivi-
 sion  (d)  of section six of chapter four hundred sixteen of the laws of
 two thousand nine, as amended by chapter one hundred eighty-four of  the
 laws  of two thousand twelve, is continued]. The committee shall consist
 of such number of members as will  enable  the  chief  administrator  to
 obtain  input from those who are or would be affected by such electronic
 filing program, and such members shall include chief  clerks  of  family
 courts;  representatives  of authorized presentment and child protective
 agencies; other appropriate county and city government officials; insti-
 tutional providers of legal services for children and/or  parents;  not-
 for-profit legal service providers; public defenders; representatives of
 the  office  of  indigent legal services; attorneys assigned pursuant to
 article eighteen-B of the county law; and other members  of  the  family
 court  bar;  representatives  of victims' rights organizations; unaffil-
 A. 10350                            4
 
 iated attorneys who regularly appear in proceedings that are or would be
 affected by such electronic filing program; and other interested members
 of the family practice community. Such committee shall  help  the  chief
 administrator  to  evaluate the impact of such electronic filing program
 on litigants including  unrepresented  parties,  practitioners  and  the
 courts  and  to  obtain input from those who are or would be affected by
 such electronic filing program, including unrepresented parties,  repre-
 sentatives  of  authorized  presentment  and  child protective agencies,
 other appropriate county and city  government  officials,  institutional
 providers  of legal services for children and/or parents, not-for-profit
 legal service providers, public defenders, attorneys  assigned  pursuant
 to  article eighteen-B of the county law and other members of the family
 court bar, representatives of victims'  rights  organizations,  unaffil-
 iated attorneys who regularly appear in proceedings that are or would be
 affected by such electronic filing program, and other interested members
 of the criminal justice community.
   §  2.  Subdivision  (a)  of section 2111 of the civil practice law and
 rules, as added by chapter 237 of the laws of 2015, is amended  to  read
 as follows:
   (a)  Notwithstanding any other provision of law, the chief administra-
 tor of the courts, with the approval of the administrative board of  the
 courts, may promulgate rules authorizing a program in the use of facsim-
 ile transmission only in the court of claims and electronic means in the
 [supreme  court,  the  civil  court of the city of New York, surrogate's
 courts and the court of claims] COURTS OF NEW YORK HAVING  CIVIL  JURIS-
 DICTION  for: (i) the commencement of civil actions and proceedings, and
 (ii)  the  filing  and  service  of  papers  in  pending   actions   and
 proceedings.  Provided,  however,  the chief administrator shall consult
 with the county clerk of a county outside the city of  New  York  before
 the use of electronic means is to be authorized HEREUNDER in the supreme
 court OR THE COUNTY COURT of such county, afford him or her the opportu-
 nity to submit comments with respect thereto, consider any such comments
 and obtain the agreement thereto of such county clerk.
   § 3. Paragraphs 1, 2 and 2-a of subdivision (b) of section 2111 of the
 civil practice law and rules are REPEALED and two new paragraphs 1 and 2
 are added to read as follows:
   1.  PARTICIPATION  IN THIS PROGRAM MAY BE REQUIRED OR MAY BE VOLUNTARY
 AS PROVIDED BY THE CHIEF ADMINISTRATOR, EXCEPT THAT IT SHALL BE STRICTLY
 VOLUNTARY AS TO ANY PARTY TO AN ACTION OR PROCEEDING WHO IS NOT  REPRES-
 ENTED BY COUNSEL.
   2.  (A) WHERE PARTICIPATION IN THIS PROGRAM IS TO BE VOLUNTARY:
   (I)  COMMENCEMENT OF AN ACTION OR PROCEEDING BY FACSIMILE TRANSMISSION
 OR ELECTRONIC MEANS SHALL NOT REQUIRE THE CONSENT OF  ANY  OTHER  PARTY;
 NOR  SHALL A PARTY'S FAILURE TO CONSENT TO PARTICIPATION IN AN ACTION OR
 PROCEEDING BAR ANY OTHER PARTY TO THE ACTION OR PROCEEDING  FROM  FILING
 AND  SERVING  PAPERS  BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS UPON
 THE COURT OR ANY OTHER PARTY  TO  SUCH  ACTION  OR  PROCEEDING  WHO  HAS
 CONSENTED TO PARTICIPATION;
   (II)  ALL  PARTIES SHALL BE NOTIFIED CLEARLY, IN PLAIN LANGUAGE, ABOUT
 THEIR OPTIONS TO PARTICIPATE IN FILING BY ELECTRONIC MEANS;
   (III) NO PARTY TO AN ACTION OR PROCEEDING SHALL BE COMPELLED, DIRECTLY
 OR INDIRECTLY, TO PARTICIPATE;
   (IV) WHERE A PARTY IS NOT REPRESENTED  BY  COUNSEL,  THE  COURT  SHALL
 EXPLAIN  SUCH  PARTY'S  OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE,
 INCLUDING THE OPTION FOR EXPEDITED PROCESSING, AND SHALL INQUIRE WHETHER
 HE OR SHE WISHES TO  PARTICIPATE,  PROVIDED  HOWEVER  THE  UNREPRESENTED
 A. 10350                            5
 
 LITIGANT  MAY  PARTICIPATE  IN THE PROGRAM ONLY UPON HIS OR HER REQUEST,
 WHICH SHALL BE DOCUMENTED IN THE CASE FILE, AFTER SAID  PARTY  HAS  BEEN
 PRESENTED  WITH  SUFFICIENT INFORMATION IN PLAIN LANGUAGE CONCERNING THE
 PROGRAM.
   (B) WHERE PARTICIPATION IN THIS PROGRAM IS TO BE REQUIRED:
   (I)  SUCH  REQUIREMENT  SHALL  NOT BE EFFECTIVE IN A COURT IN A COUNTY
 UNLESS, IN ADDITION TO CONSULTING WITH THE COUNTY CLERK OF  SUCH  COUNTY
 AND  OBTAINING  HIS  OR  HER AGREEMENT THERETO IF THE COURT IS A SUPREME
 COURT OR COUNTY COURT, THE CHIEF ADMINISTRATOR SHALL:
   (1) FIRST CONSULT WITH MEMBERS OF THE ORGANIZED BAR INCLUDING BUT  NOT
 LIMITED  TO CITY, STATE, COUNTY, AND WOMEN'S BAR ASSOCIATIONS AND, WHERE
 THEY PRACTICE IN SUCH COURT  IN  SUCH  COUNTY,  WITH  (A)  INSTITUTIONAL
 SERVICE  PROVIDERS,  (B)  NOT-FOR-PROFIT  LEGAL  SERVICE  PROVIDERS, (C)
 ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW, (D)
 UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT  ARE  OR
 HAVE BEEN AFFECTED BY A PROGRAM OF ELECTRONIC FILING IN SUCH COUNTY, AND
 (E)  ANY OTHER PERSONS AS DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINIS-
 TRATOR;
   (2) AFFORD ALL THOSE WITH WHOM HE OR SHE CONSULTS PURSUANT TO ITEM ONE
 OF THIS CLAUSE THE OPPORTUNITY TO SUBMIT COMMENTS WITH  RESPECT  TO  THE
 PROGRAM,  WHICH  COMMENTS, INCLUDING BUT NOT LIMITED TO COMMENTS RELATED
 TO UNREPRESENTED LITIGANTS, HE OR SHE SHALL CONSIDER AND SHALL POST  FOR
 PUBLIC REVIEW ON THE OFFICE OF COURT ADMINISTRATION'S WEBSITE; AND
   (II)  AS PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION, NO PARTY WHO
 IS NOT REPRESENTED BY COUNSEL NOR ANY COUNSEL IN AN  AFFECTED  CASE  WHO
 OPTS  OUT  OF  PARTICIPATION IN THE PROGRAM SHALL BE REQUIRED TO PARTIC-
 IPATE THEREIN.
   § 4. The opening paragraph  of  paragraph  3  of  subdivision  (b)  of
 section  2111  of  the civil practice law and rules, as added by chapter
 237 of the laws of 2015, is amended to read as follows:
   Where the chief administrator [eliminates the requirement of  consent]
 REQUIRES  PARTICIPATION  IN  ELECTRONIC  FILING as provided in paragraph
 [two] ONE of this subdivision, he or she shall afford counsel the oppor-
 tunity to opt out of the program, via presentation of a prescribed  form
 to  be  filed  with  the clerk of the court where the action is pending.
 [Said] SUCH form shall permit an attorney to opt out of participation in
 the program under any of the following circumstances, in which event, he
 or she will not be compelled to participate:
   § 5. Section 2112 of the civil practice law and rules, as  amended  by
 chapter 99 of the laws of 2017, is amended to read as follows:
   §  2112.  Filing  of  papers  in  the appellate division by electronic
 means.  Notwithstanding any other provision of law, and except as other-
 wise provided in subdivision (c) of section twenty-one hundred eleven of
 this article, the appellate division in  each  judicial  department  may
 promulgate  rules  authorizing  a program in the use of electronic means
 for: (i) appeals to such court from the judgment or order of a court  of
 original instance or from that of another appellate court, (ii) making a
 motion for permission to appeal to such court, (iii) commencement of any
 other  proceeding that may be brought in such court, and (iv) the filing
 and service of papers  in  pending  actions  and  proceedings.  Provided
 however,  such  rules  shall  not  require an unrepresented party or any
 attorney who furnishes a certificate specified in  subparagraph  (A)  or
 (B)  of paragraph three of subdivision (b) of section twenty-one hundred
 eleven of this article to take or perfect an appeal by electronic means.
 Provided further, however,  before  promulgating  any  such  rules,  the
 appellate  division  in  each judicial department shall consult with the
 A. 10350                            6
 
 chief administrator of the courts and shall provide an  opportunity  for
 review  and  comment by all those who are or would be affected including
 city, state, county and women's bar  associations;  institutional  legal
 service  providers;  not-for-profit  legal  service providers; attorneys
 assigned pursuant to article eighteen-B of the county law;  unaffiliated
 attorneys  who  regularly  appear  in  proceedings that are or have been
 affected by the programs that  have  been  implemented  or  who  may  be
 affected  by  promulgation of rules concerning the use of the electronic
 filing program in the appellate division of any judicial department; and
 any other persons in whose county a program has been implemented in  any
 of the courts therein as deemed to be appropriate by any appellate divi-
 sion.  To  the  extent  practicable,  rules promulgated by the appellate
 division in each judicial department pursuant to this section  shall  be
 uniform  AND MAY APPLY TO ANY APPELLATE TERM ESTABLISHED BY AN APPELLATE
 DIVISION.
   § 6. Subdivision 1 of section 11-b of the  court  of  claims  act,  as
 added by chapter 237 of the laws of 2015, is amended to read as follows:
   1. Notwithstanding any other provision of law, the chief administrator
 of  the  courts[,  with  the approval of the administrative board of the
 courts,] may authorize a program in the  [voluntary]  use  of  facsimile
 transmission  and  electronic  means in the court as provided in article
 twenty-one-A of the civil practice law and rules.
   § 7. The New York city criminal court act is amended by adding  a  new
 section 42 to read as follows:
   §  42.  USE  OF  ELECTRONIC FILING AUTHORIZED. (1) NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW,  THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS  MAY
 AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS IN CASES IN THE CRIM-
 INAL  COURT  OF THE CITY OF NEW YORK AS PROVIDED IN SECTION 10.40 OF THE
 CRIMINAL PROCEDURE LAW.
   (2) FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS"  SHALL  HAVE  THE
 SAME  MEANING  AS  DEFINED BY SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   § 8. The uniform district court act is amended by adding a new section
 2103-a to read as follows:
 § 2103-A.  USE OF ELECTRONIC FILING AUTHORIZED.
   (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRA-
 TOR OF THE COURTS MAY AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS
 IN CIVIL CASES IN A DISTRICT COURT AS PROVIDED IN  ARTICLE  TWENTY-ONE-A
 OF  THE  CIVIL PRACTICE LAW AND RULES, AND IN CRIMINAL CASES AS PROVIDED
 IN SECTION 10.40 OF THE CRIMINAL PROCEDURE LAW.
   (B)  FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL  HAVE  THE
 SAME  MEANING  AS  DEFINED BY SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   § 9. The uniform city court act is amended by  adding  a  new  section
 2103-a to read as follows:
 § 2103-A. USE OF ELECTRONIC FILING AUTHORIZED.
   (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRA-
 TOR OF THE COURTS MAY AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS
 IN  CIVIL  CASES  IN A CITY COURT AS PROVIDED IN ARTICLE TWENTY-ONE-A OF
 THE CIVIL PRACTICE LAW AND RULES, AND IN CRIMINAL CASES AS  PROVIDED  IN
 SECTION 10.40 OF THE CRIMINAL PROCEDURE LAW.
   (B)    FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL HAVE THE
 SAME MEANING AS DEFINED BY SUBDIVISION (F) OF  RULE  TWENTY-ONE  HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   § 10. The uniform justice court act is amended by adding a new section
 2103-a to read as follows:
 A. 10350                            7
 
 § 2103-A. USE OF ELECTRONIC FILING AUTHORIZED.
   (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRA-
 TOR OF THE COURTS MAY AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS
 IN CIVIL CASES IN A JUSTICE COURT AS PROVIDED IN ARTICLE TWENTY-ONE-A OF
 THE  CIVIL  PRACTICE LAW AND RULES, AND IN CRIMINAL CASES AS PROVIDED IN
 SECTION 10.40 OF THE CRIMINAL PROCEDURE LAW.
   (B)  FOR PURPOSES OF THIS SECTION, "ELECTRONIC MEANS" SHALL  HAVE  THE
 SAME  MEANING  AS  DEFINED BY SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   § 11. Paragraph (a) of subdivision 2 of section 10.40 of the  criminal
 procedure  law,  as added by chapter 237 of the laws of 2015, is amended
 to read as follows:
   (a) Notwithstanding any other provision of law, the chief  administra-
 tor,  with  the  approval of the administrative board of the courts, may
 promulgate rules authorizing a program in the use  of  electronic  means
 ("e-filing")  in  the  [supreme court and in the county court] COURTS OF
 NEW YORK HAVING CRIMINAL JURISDICTION for: (i) the filing with  a  court
 of  an accusatory instrument for the purpose of commencement of a crimi-
 nal action or proceeding [in a superior court, as provided  by  articles
 one  hundred  ninety-five and two hundred of this chapter], and (ii) the
 filing  and  service  of  papers  in  pending  [criminal]  actions   and
 proceedings.  Provided,  however,  the chief administrator shall consult
 with the county clerk of a county outside the city of  New  York  before
 the use of electronic means is to be authorized HEREUNDER in the supreme
 court  or county court of such county, afford him or her the opportunity
 to submit comments with respect thereto, consider any such comments  and
 obtain the agreement thereto of such county clerk.
   §  12. Paragraph (b) of subdivision 2 of section 10.40 of the criminal
 procedure law is REPEALED and a new paragraph (b) is added  to  read  as
 follows:
   (B)  PARTICIPATION IN THIS PROGRAM MAY BE REQUIRED OR MAY BE VOLUNTARY
 AS PROVIDED BY THE CHIEF ADMINISTRATOR, EXCEPT THAT IT SHALL BE STRICTLY
 VOLUNTARY AS TO ANY PARTY TO AN ACTION OR PROCEEDING WHO IS NOT  REPRES-
 ENTED  BY COUNSEL UNLESS SUCH PARTY, UPON HIS OR HER REQUEST, CHOOSES TO
 PARTICIPATE.
   § 13. Paragraphs (c) and (d) of subdivision 2 of section 10.40 of  the
 criminal procedure law, as added by chapter 237 of the laws of 2015, are
 relettered  paragraphs  (d)  and (e) and a new paragraph (c) is added to
 read as follows:
   (C) (I) WHERE PARTICIPATION IN THIS PROGRAM IS TO BE VOLUNTARY:    (A)
 FILING  AN  ACCUSATORY INSTRUMENT BY ELECTRONIC MEANS WITH THE COURT FOR
 THE PURPOSE OF COMMENCEMENT OF AN ACTION OR PROCEEDING SHALL NOT REQUIRE
 THE CONSENT OF ANY OTHER PARTY; NOR SHALL A PARTY'S FAILURE  TO  CONSENT
 TO  PARTICIPATION IN AN ACTION OR PROCEEDING BAR ANY OTHER PARTY TO SUCH
 ACTION OR PROCEEDING FROM FILING AND SERVING PAPERS BY FACSIMILE  TRANS-
 MISSION  OR  ELECTRONIC  MEANS UPON THE COURT OR ANY OTHER PARTY TO SUCH
 ACTION OR PROCEEDING WHO HAS CONSENTED TO PARTICIPATION;
   (B) ALL PARTIES SHALL BE NOTIFIED CLEARLY, IN  PLAIN  LANGUAGE,  ABOUT
 THEIR OPTIONS TO PARTICIPATE IN FILING BY ELECTRONIC MEANS;
   (C)  NO  PARTY TO AN ACTION OR PROCEEDING SHALL BE COMPELLED, DIRECTLY
 OR INDIRECTLY, TO PARTICIPATE;
   (D) WHERE A PARTY IS NOT  REPRESENTED  BY  COUNSEL,  THE  COURT  SHALL
 EXPLAIN  SUCH  PARTY'S  OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE,
 INCLUDING THE OPTION FOR EXPEDITED PROCESSING, AND SHALL INQUIRE WHETHER
 HE OR SHE WISHES TO  PARTICIPATE,  PROVIDED  HOWEVER  THE  UNREPRESENTED
 LITIGANT  MAY  PARTICIPATE  IN THE PROGRAM ONLY UPON HIS OR HER REQUEST,
 A. 10350                            8
 
 WHICH SHALL BE DOCUMENTED IN THE CASE FILE, AFTER SAID  PARTY  HAS  BEEN
 PRESENTED  WITH  SUFFICIENT INFORMATION IN PLAIN LANGUAGE CONCERNING THE
 PROGRAM.
   (II) WHERE PARTICIPATION IN THIS PROGRAM IS TO BE REQUIRED:
   (A)  SUCH  REQUIREMENT  SHALL  NOT BE EFFECTIVE IN A COURT IN A COUNTY
 UNLESS, IN ADDITION TO CONSULTING WITH THE COUNTY CLERK OF  SUCH  COUNTY
 AND  OBTAINING  HIS  OR  HER AGREEMENT THERETO IF THE COURT IS A SUPREME
 COURT OR COUNTY COURT, THE CHIEF ADMINISTRATOR SHALL:
   (1) FIRST CONSULT WITH AND OBTAIN THE AGREEMENT OF THE DISTRICT ATTOR-
 NEY AND THE CRIMINAL DEFENSE BAR OF SUCH COUNTY, PROVIDE ALL PERSONS AND
 ORGANIZATIONS, OR THEIR REPRESENTATIVE OR REPRESENTATIVES, WHO REGULARLY
 APPEAR IN CRIMINAL ACTIONS OR PROCEEDINGS IN THE CRIMINAL COURTS OF SUCH
 COUNTY WITH REASONABLE NOTICE AND OPPORTUNITY TO  SUBMIT  COMMENTS  WITH
 RESPECT  THERETO  AND  GIVE  DUE CONSIDERATION TO ALL SUCH COMMENTS, AND
 CONSULT WITH THE MEMBERS OF THE ADVISORY COMMITTEE SPECIFIED IN SUBPARA-
 GRAPH (V) OF PARAGRAPH (U) OF SUBDIVISION TWO  OF  SECTION  TWO  HUNDRED
 TWELVE OF THE JUDICIARY LAW; AND
   (2) AFFORD ALL THOSE WITH WHOM HE OR SHE CONSULTS PURSUANT TO ITEM ONE
 OF  THIS  CLAUSE  THE OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT TO THE
 PROGRAM, WHICH COMMENTS, INCLUDING BUT NOT LIMITED TO  COMMENTS  RELATED
 TO  UNREPRESENTED LITIGANTS, HE OR SHE SHALL CONSIDER AND SHALL POST FOR
 PUBLIC REVIEW ON THE OFFICE OF COURT ADMINISTRATION'S WEBSITE; AND
   (B) AS PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION, NO PARTY WHO  IS
 NOT  REPRESENTED BY COUNSEL NOR ANY COUNSEL IN AN AFFECTED CASE WHO OPTS
 OUT OF PARTICIPATION IN THE PROGRAM SHALL  BE  REQUIRED  TO  PARTICIPATE
 THEREIN.
   §  14.  The  opening  paragraph  of  paragraph (d) of subdivision 2 of
 section 10.40 of the criminal procedure law, as added by chapter 237  of
 the laws of 2015 and such paragraph as relettered by section thirteen of
 this act, is amended to read as follows:
   Where  the chief administrator [eliminates the requirement of consent]
 REQUIRES PARTICIPATION IN ELECTRONIC FILING as provided in [subparagraph
 (ii) of] paragraph (b) of this subdivision, he or she shall afford coun-
 sel the opportunity to opt out of the program,  via  presentation  of  a
 prescribed  form to be filed with the court where the criminal action is
 pending. Said form shall permit an attorney to opt out of  participation
 in the program under any of the following circumstances, in which event,
 he or she will not be compelled to participate:
   §  15.  Subparagraph (ii) of paragraph (e) of subdivision 2 of section
 10.40 of the criminal procedure law, as added by chapter 237 of the laws
 of 2015 and such paragraph as relettered by  section  thirteen  of  this
 act, is amended to read as follows:
   (ii)  Notwithstanding any other provision of this section, no paper or
 document that is filed by electronic means in a criminal proceeding  [in
 supreme  court or county court] shall be available for public inspection
 on-line. Subject to the provisions of existing laws governing the  seal-
 ing  and  confidentiality of court records, nothing herein shall prevent
 the unified court system from sharing statistical information that  does
 not include any papers or documents filed with the action; and, provided
 further, that this paragraph shall not prohibit the chief administrator,
 in  the  exercise of his or her discretion, from posting papers or docu-
 ments that have not been sealed pursuant to  law  on  a  public  website
 maintained by the unified court system where: (A) the website is not the
 website  established  by the rules promulgated pursuant to paragraph (a)
 of this subdivision, and (B) to do so would be in the  public  interest.
 For purposes of this subparagraph, the chief administrator, in determin-
 A. 10350                            9
 
 ing  whether  posting  papers or documents on a public website is in the
 public interest, shall, at a minimum, take into account for each posting
 the following factors: (A) the type of case involved; (B)  whether  such
 posting  would cause harm to any person, including especially a minor or
 crime victim; (C) whether such posting would include lewd or  scandalous
 matters; and (D) the possibility that such papers or documents may ulti-
 mately be sealed.
   §  16.  Subdivision  (b)  of  section  214  of the family court act is
 REPEALED and a new subdivision (b) is added to read as follows:
   (B)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF  ADMINIS-
 TRATOR, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
 PROMULGATE  RULES  AUTHORIZING  A PROGRAM IN THE USE OF ELECTRONIC MEANS
 ("E-FILING") IN THE FAMILY COURT FOR: (1) THE ORIGINATION OF PROCEEDINGS
 IN SUCH COURT, AND (2) THE FILING  AND  SERVICE  OF  PAPERS  IN  PENDING
 PROCEEDINGS.
   (II) PARTICIPATION IN THIS PROGRAM MAY BE REQUIRED OR MAY BE VOLUNTARY
 AS PROVIDED BY THE CHIEF ADMINISTRATOR, EXCEPT THAT IT SHALL BE STRICTLY
 VOLUNTARY  AS TO ANY PARTY TO AN ACTION OR PROCEEDING WHO IS NOT REPRES-
 ENTED BY COUNSEL UNLESS SUCH PARTY, UPON HIS OR HER REQUEST, CHOOSES  TO
 PARTICIPATE.
   §  17.  Subdivisions  (c), (d), (e), (f) and (g) of section 214 of the
 family court act, as added by chapter 237  of  the  laws  of  2015,  are
 relettered subdivisions (d), (e), (f), (g) and (h) and a new subdivision
 (c) is added to read as follows:
   (C) (I) WHERE PARTICIPATION IN THIS PROGRAM IS TO BE VOLUNTARY:
   (1)  FILING  A  PETITION  BY  ELECTRONIC  MEANS WITH THE COURT FOR THE
 PURPOSE OF ORIGINATING A PROCEEDING SHALL NOT REQUIRE THE CONSENT OF ANY
 OTHER PARTY; NOR SHALL THE FAILURE OF A PARTY OR  OTHER  PERSON  WHO  IS
 ENTITLED  TO  NOTICE  OF THE PROCEEDINGS TO CONSENT TO PARTICIPATION BAR
 ANY OTHER PARTY FROM FILING AND SERVING PAPERS BY ELECTRONIC MEANS  UPON
 THE  COURT  OR  ANY  OTHER PARTY OR PERSON ENTITLED TO RECEIVE NOTICE OF
 SUCH PROCEEDING WHO HAS CONSENTED TO PARTICIPATION;
   (2) ALL PARTIES SHALL BE NOTIFIED CLEARLY, IN  PLAIN  LANGUAGE,  ABOUT
 THEIR OPTIONS TO PARTICIPATE IN FILING BY ELECTRONIC MEANS;
   (3)  NO  PARTY TO AN ACTION OR PROCEEDING SHALL BE COMPELLED, DIRECTLY
 OR INDIRECTLY, TO PARTICIPATE;
   (4) WHERE A PARTY IS NOT  REPRESENTED  BY  COUNSEL,  THE  COURT  SHALL
 EXPLAIN  SUCH  PARTY'S  OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE,
 INCLUDING THE OPTION FOR EXPEDITED PROCESSING, AND SHALL INQUIRE WHETHER
 HE OR SHE WISHES TO  PARTICIPATE,  PROVIDED  HOWEVER  THE  UNREPRESENTED
 LITIGANT  MAY  PARTICIPATE  IN THE PROGRAM ONLY UPON HIS OR HER REQUEST,
 WHICH SHALL BE DOCUMENTED IN THE CASE FILE, AFTER SAID  PARTY  HAS  BEEN
 PRESENTED  WITH  SUFFICIENT INFORMATION IN PLAIN LANGUAGE CONCERNING THE
 PROGRAM;
   (5) UPON THE FILING OF A PETITION WITH THE COURT BY ELECTRONIC  MEANS,
 A  PARTY  TO  THE  PROCEEDING  AND ANY ATTORNEY FOR SUCH PERSON SHALL BE
 PERMITTED TO IMMEDIATELY REVIEW AND OBTAIN COPIES OF SUCH DOCUMENTS  AND
 PAPERS  IF  SUCH PERSON OR ATTORNEY WOULD HAVE BEEN AUTHORIZED BY LAW TO
 REVIEW OR OBTAIN COPIES OF SUCH DOCUMENTS AND PAPERS IF  THEY  HAD  BEEN
 FILED WITH THE COURT IN PAPER FORM.
   (II) WHERE PARTICIPATION IN THIS PROGRAM IS TO BE REQUIRED:
   (1)  SUCH  REQUIREMENT  SHALL  NOT BE EFFECTIVE IN A COURT IN A COUNTY
 UNLESS THE CHIEF ADMINISTRATOR SHALL:
   (A) FIRST CONSULT WITH AND OBTAIN THE  AGREEMENT  OF  EACH  AUTHORIZED
 PRESENTMENT  AGENCY,  CHILD  PROTECTIVE  AGENCY,  THE  FAMILY  COURT BAR
 PROVIDING REPRESENTATION TO PARENTS, AND THE FAMILY COURT BAR  PROVIDING
 A. 10350                           10
 
 REPRESENTATION  TO  CHILDREN  (AS  REPRESENTED BY THE HEAD OF EACH LEGAL
 SERVICES ORGANIZATION REPRESENTING PARENTS AND/OR CHILDREN, THE HEAD  OF
 EACH  PUBLIC DEFENDER ORGANIZATION, AND PRESIDENT OF THE LOCAL BAR ASSO-
 CIATION  AS APPLICABLE) OF SUCH COUNTY, PROVIDE ALL PERSONS OR ORGANIZA-
 TIONS, OR THEIR REPRESENTATIVE OR REPRESENTATIVES, WHO REGULARLY  APPEAR
 IN  PROCEEDINGS IN THE FAMILY COURT OF SUCH COUNTY, IN WHICH PROCEEDINGS
 THE REQUIREMENT OF CONSENT IS TO BE ELIMINATED  WITH  REASONABLE  NOTICE
 AND  AN OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO AND GIVE DUE
 CONSIDERATION TO ALL SUCH COMMENTS, AND CONSULT WITH THE MEMBERS OF  THE
 ADVISORY  COMMITTEE CONTINUED PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH
 (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE  OF  THE  JUDICIARY
 LAW; AND
   (B)  AFFORD  ALL THOSE WITH WHOM HE OR SHE CONSULTS PURSUANT TO CLAUSE
 (A) OF  THIS  SUBPARAGRAPH  WITH  A  REASONABLE  OPPORTUNITY  TO  SUBMIT
 COMMENTS  WITH  RESPECT  TO  THE PROGRAM, WHICH COMMENTS HE OR SHE SHALL
 CONSIDER AND SHALL POST FOR PUBLIC REVIEW ON THE OFFICE OF COURT  ADMIN-
 ISTRATION'S WEBSITE; AND
   (C)  CONSULT  WITH  THE  MEMBERS  OF  THE ADVISORY COMMITTEE CONTINUED
 PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH (U)  OF  SUBDIVISION  TWO  OF
 SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW; AND
   (2)  AS  PROVIDED  IN SUBDIVISION (D) OF THIS SECTION, NO PARTY WHO IS
 NOT REPRESENTED BY COUNSEL NOR ANY COUNSEL IN AN AFFECTED CASE WHO  OPTS
 OUT  OF  PARTICIPATION  IN  THE PROGRAM SHALL BE REQUIRED TO PARTICIPATE
 THEREIN.
   § 18. Section 11 of chapter 237 of the laws of 2015 amending the judi-
 ciary law, the civil practice law and rules and other laws  relating  to
 the use of electronic means for the commencement and filing of papers in
 certain  actions  and proceedings, as amended by chapter 554 of the laws
 of 2022, is amended to read as follows:
   § 11. This act shall take effect immediately[; provided that  sections
 four,  five,  six  and seven of this act shall each expire and be deemed
 repealed September 1, 2027; and provided that paragraph 2-a of  subdivi-
 sion  (b)  of section 2111 of the civil practice law and rules, as added
 by section two of this act, shall expire and be deemed repealed  Septem-
 ber 1, 2027].
   § 19. This act shall take effect immediately.