Assembly Bill A6738

Signed By Governor
2023-2024 Legislative Session

Permits certain defendants in a criminal action in Delaware, Otsego or Schoharie county to appear electronically, with the approval of the court

download bill text pdf

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Current Bill Status - Signed by Governor

  • 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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Bill Amendments

2023-A6738 - Details

See Senate Version of this Bill:
S6798
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §182.20, CP L

2023-A6738 - Summary

Permits certain defendants in a criminal action in Delaware, Otsego or Schoharie county to appear electronically, with the approval of the court.

2023-A6738 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6738
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  permitting
   certain  defendants  in a criminal action in Delaware, Otsego or Scho-
   harie county to appear electronically, with the approval of the court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 182.20 of the criminal procedure
 law, as separately amended by chapters 242, 246, 252, 254, 321  and  351
 of the laws of 2022, is amended to read as follows:
   1.  Notwithstanding  any other provision of law and except as provided
 in section 182.30 of this article, the court,  in  its  discretion,  may
 dispense  with  the  personal  appearance  of  the  defendant, except an
 appearance at a hearing or trial, and conduct an  electronic  appearance
 in  connection  with a criminal action pending in Albany, Bronx, Broome,
 Erie, Kings, New  York,  Niagara,  Oneida,  Onondaga,  Ontario,  Orange,
 Putnam,  Queens,  Richmond,  Rockland,  Saratoga,  St. Lawrence, Seneca,
 Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex,  Montgomery,
 Rensselaer,  Sullivan, Warren, Westchester, Suffolk, Herkimer, Franklin,
 Chemung, Schuyler, [or] Yates, DELAWARE,  OTSEGO  OR  SCHOHARIE  county,
 provided  that  the chief administrator of the courts has authorized the
 use of electronic appearance and the defendant, after consultation  with
 counsel,  consents  on the record. Such consent shall be required at the
 commencement of each electronic appearance to  such  electronic  appear-
 ance.
   §  2.  This act shall take effect immediately, provided, however, that
 the amendments to subdivision 1 of section 182.20 of the criminal proce-
 dure law made by section one of this act shall not affect the repeal  of
 such section and shall be deemed repealed therewith.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10290-01-3

2023-A6738A (ACTIVE) - Details

See Senate Version of this Bill:
S6798
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §182.20, CP L

2023-A6738A (ACTIVE) - Summary

Permits certain defendants in a criminal action in Delaware, Otsego or Schoharie county to appear electronically, with the approval of the court.

2023-A6738A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6738--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the criminal procedure law, in relation to permitting
   certain defendants in a criminal action in Delaware, Otsego  or  Scho-
   harie county to appear electronically, with the approval of the court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 182.20 of the  criminal  procedure
 law,  as separately amended by chapters 387 and 426 of the laws of 2023,
 is amended to read as follows:
   1. Notwithstanding any other provision of law and except  as  provided
 in  section  182.30  of  this article, the court, in its discretion, may
 dispense with the  personal  appearance  of  the  defendant,  except  an
 appearance  at  a hearing or trial, and conduct an electronic appearance
 in connection with a criminal action pending in Albany,  Bronx,  Broome,
 Erie,  Jefferson,  Kings,  New York, Niagara, Oneida, Onondaga, Ontario,
 Orange, Orleans,  Putnam,  Queens,  Richmond,  Rockland,  Saratoga,  St.
 Lawrence,  Seneca,  Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton,
 Essex, Montgomery, Rensselaer, Sullivan, Warren,  Westchester,  Suffolk,
 Herkimer,  Franklin,  Chemung, Schuyler, [or] Yates, DELAWARE, OTSEGO OR
 SCHOHARIE county, provided that the chief administrator  of  the  courts
 has authorized the use of electronic appearance and the defendant, after
 consultation with counsel, consents on the record. Such consent shall be
 required at the commencement of each electronic appearance to such elec-
 tronic appearance.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 1 of section 182.20 of the criminal proce-
 dure law made by section one of this act shall not affect the repeal  of
 such section and shall be deemed repealed therewith.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10290-02-4

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