S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  712--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  SOLAGES,  SEAWRIGHT,  CRUZ, PAULIN,
   BURDICK,   SEPTIMO,   HEVESI,   SIMON,   AUBRY,   SILLITTI,    SIMONE,
   BICHOTTE HERMELYN,  DICKENS,  SHIMSKY, GUNTHER, GLICK, TAPIA, WALLACE,
   COOK, McMAHON, DAVILA -- read once and referred to  the  Committee  on
   Judiciary  --  recommitted to the Committee on Judiciary 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 judiciary law, in relation to audio-visual coverage
   of judicial proceedings; and to repeal section 218  of  the  judiciary
   law and section 52 of the civil rights law relating thereto
 
   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 Section 218 of the judiciary law  is  REPEALED  and  a  new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. SUBJECT TO THE AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING  OVER
 THE  PROCEEDING  TO  EXERCISE  SOUND  DISCRETION  TO PROHIBIT FILMING OR
 PHOTOGRAPHING OF PARTICULAR  PARTICIPANTS  IN  JUDICIAL  PROCEEDINGS  TO
 ENSURE  SAFETY  AND THE FAIR ADMINISTRATION OF JUSTICE, AUDIO-VISUAL AND
 STILL PHOTOGRAPHY COVERAGE OF PUBLIC JUDICIAL PROCEEDINGS IN THE  APPEL-
 LATE  AND TRIAL COURTS OF THIS STATE SHALL BE ALLOWED IN ACCORDANCE WITH
 THIS SECTION.
   2. EQUIPMENT AND PERSONNEL. THE FOLLOWING SHALL BE  PERMITTED  IN  ANY
 TRIAL OR APPELLATE COURT PROCEEDING:
   (A)  AT LEAST TWO COMPACT VIDEO CAMERAS, EACH OPERATED BY NO MORE THAN
 ONE CAMERA PERSON. ADDITIONAL PERMITTED CAMERAS SHALL BE WITHIN THE SOLE
 DISCRETION AND AUTHORITY OF THE JUDGE  OR  JUSTICE  PRESIDING  OVER  THE
 PROCEEDING.
   (B)  AT  LEAST  ONE  STILL PHOTOGRAPHER, USING NOT MORE THAN TWO STILL
 CAMERAS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01599-04-4
 A. 712--A                           2
              

 
   (C) AT LEAST ONE AUDIO SYSTEM FOR RADIO  BROADCAST  PURPOSES.    AUDIO
 PICKUP  FOR  ALL  MEDIA  PURPOSES  SHALL  BE  PROVIDED BY EXISTING AUDIO
 SYSTEMS PRESENT IN THE  COURTROOM.  IF  NO  TECHNICALLY  SUITABLE  AUDIO
 SYSTEM EXISTS IN THE COURTROOM, MICROPHONES AND RELATED WIRING ESSENTIAL
 FOR  MEDIA  PURPOSES  SHALL BE PERMISSIBLE PROVIDED THEY ARE UNOBTRUSIVE
 AND SHALL BE LOCATED IN PLACES DESIGNATED IN ADVANCE OF  ANY  PROCEEDING
 BY THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING.
   (D)  ADDITIONAL  PERMITTED  EQUIPMENT OR PERSONNEL SHALL BE WITHIN THE
 SOLE DISCRETION AND AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER THE
 PROCEEDING.
   (E) ANY POOLING ARRANGEMENTS AMONG MEMBERS  OF  THE  MEDIA  CONCERNING
 EQUIPMENT AND PERSONNEL SHALL BE THE SOLE RESPONSIBILITY OF SUCH MEMBERS
 WITHOUT  CALLING UPON THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING
 TO MEDIATE ANY DISPUTE AS TO THE  APPROPRIATE  MEDIA  REPRESENTATIVE  OR
 EQUIPMENT AUTHORIZED TO COVER A PARTICULAR PROCEEDING. IN THE ABSENCE OF
 ADVANCE  MEDIA  AGREEMENT  CONCERNING  DISPUTED  EQUIPMENT  OR PERSONNEL
 ISSUES, THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING  MAY  EXCLUDE
 ALL CONTESTING MEDIA PERSONNEL FROM A PROCEEDING.
   3.  SOUND  AND  LIGHT  CRITERIA.  VIDEO AND AUDIO EQUIPMENT, INCLUDING
 STILL CAMERA EQUIPMENT, WHETHER FILM OR DIGITAL, SHALL NOT BE  PERMITTED
 IF  IT  PRODUCES  DISORIENTING  SOUND  OR  LIGHT. NO ARTIFICIAL LIGHTING
 DEVICE OF ANY KIND SHALL BE USED IN CONNECTION WITH THE VIDEO  EQUIPMENT
 OR STILL CAMERA.
   4.  LOCATION  OF EQUIPMENT PERSONNEL. VIDEO CAMERA EQUIPMENT AND STILL
 CAMERA PHOTOGRAPHERS SHALL BE POSITIONED IN SUCH LOCATION  OR  LOCATIONS
 IN  THE  COURTROOM  AS  SHALL  BE DESIGNATED BY THE CHIEF ADMINISTRATIVE
 JUDGE OF THE COURT OR THE CHIEF  ADMINISTRATIVE  JUDGE'S  DESIGNEE.  THE
 AREA  DESIGNATED  SHALL  PROVIDE  REASONABLE  ACCESS  TO COVERAGE OF THE
 PROCEEDINGS. STILL CAMERA PHOTOGRAPHERS SHALL ASSUME  A  FIXED  POSITION
 WITHIN  THE  DESIGNATED AREA AND SHALL NOT BE PERMITTED TO MOVE ABOUT TO
 OBTAIN PHOTOGRAPHS OF COURT PROCEEDINGS. MEDIA REPRESENTATIVES SHALL NOT
 MOVE ABOUT THE COURT FACILITY WHILE  PROCEEDINGS  ARE  IN  SESSION,  AND
 MICROPHONES  OR  TAPING EQUIPMENT SHALL NOT BE MOVED DURING THE PENDENCY
 OF THE PROCEEDING.
   5. EQUIPMENT MOVEMENT DURING PROCEEDINGS. NEWS MEDIA  PHOTOGRAPHIC  OR
 AUDIO EQUIPMENT SHALL NOT BE PLACED IN OR REMOVED FROM THE COURT FACILI-
 TY  EXCEPT  BEFORE COMMENCEMENT OR AFTER ADJOURNMENT OF PROCEEDINGS EACH
 DAY, OR DURING A RECESS. NEITHER VIDEO CASSETTES OR FILM  MAGAZINES  NOR
 STILL CAMERA FILM, DIGITAL MEDIA CARDS OR LENSES SHALL BE CHANGED WITHIN
 A COURTROOM EXCEPT DURING A RECESS IN THE PROCEEDING.
   6. COURTROOM LIGHT SOURCES. WITH THE CONCURRENCE OF THE CHIEF ADMINIS-
 TRATIVE  JUDGE  OF THE COURT, MODIFICATIONS AND ADDITIONS MAY BE MADE IN
 LIGHT SOURCES EXISTING IN THE COURTROOM, PROVIDED SUCH MODIFICATIONS  OR
 ADDITIONS ARE INSTALLED AND MAINTAINED WITHOUT PUBLIC EXPENSE.
   7.  CONFERENCES  OF  COUNSEL. TO PROTECT THE ATTORNEY-CLIENT PRIVILEGE
 AND THE EFFECTIVE RIGHT TO COUNSEL, THERE SHALL BE NO  AUDIO  PICKUP  OR
 BROADCAST OF CONFERENCES THAT OCCUR IN A COURTROOM BETWEEN ATTORNEYS AND
 THEIR  CLIENTS,  BETWEEN  CO-COUNSEL OF A CLIENT, OR BETWEEN COUNSEL AND
 THE PRESIDING JUDGE HELD AT THE BENCH.
   8. IMPERMISSIBLE USE OF MEDIA MATERIAL.  FILM,  DIGITAL  FILES,  VIDE-
 OTAPE,  STILL  PHOTOGRAPHS,  OR AUDIO REPRODUCTIONS CAPTURED OR RECORDED
 DURING OR BY VIRTUE OF COVERAGE OF A JUDICIAL PROCEEDING  SHALL  NOT  BE
 ADMISSIBLE  AS  EVIDENCE IN THE PROCEEDING OUT OF WHICH IT AROSE, IN ANY
 PROCEEDING SUBSEQUENT OR COLLATERAL THERETO, OR UPON RETRIAL  OR  APPEAL
 OF SUCH PROCEEDINGS.
 A. 712--A                           3
 
   9.  WRITTEN ORDER. (A) AN ORDER RESTRICTING AUDIO-VISUAL COVERAGE WITH
 RESPECT TO A PARTICULAR PARTICIPANT SHALL BE IN WRITING AND BE  INCLUDED
 IN  THE  RECORD  OF SUCH PROCEEDING. THE ORDER MUST STATE GOOD CAUSE WHY
 SUCH COVERAGE WILL HAVE A SUBSTANTIAL EFFECT UPON THE  INDIVIDUAL  WHICH
 WOULD  BE  QUALITATIVELY  DIFFERENT  FROM  THE  EFFECT ON MEMBERS OF THE
 PUBLIC IN GENERAL AND THAT SUCH EFFECT WILL BE  QUALITATIVELY  DIFFERENT
 FROM  COVERAGE  BY OTHER TYPES OF MEDIA. BEFORE PROHIBITING AUDIO-VISUAL
 COVERAGE, THE PRESIDING JUDGE MUST  FIRST  CONSIDER  THE  IMPOSITION  OF
 SPECIAL LIMITATIONS, SUCH AS A DELAYED OR MODIFIED STILL OR AUDIO-VISUAL
 COVERAGE OF THE PROCEEDINGS.
   (B) A PRESUMPTION OF GOOD CAUSE SHALL EXIST WITH RESPECT TO THE TESTI-
 MONY OF MINORS.
   10.  CLOSING THE COURTROOM. NO AUDIO-VISUAL COVERAGE WILL BE PERMITTED
 DURING ANY PERIOD IN WHICH THE  COURTROOM  IS  LAWFULLY  CLOSED  TO  THE
 GENERAL PUBLIC IN ACCORDANCE WITH THE UNITED STATES AND NEW YORK CONSTI-
 TUTIONS, NEW YORK LAW AND COURT RULES.
   11.  APPELLATE  REVIEW.  INTERLOCUTORY  REVIEW OF AN ORDER RESTRICTING
 AUDIO-VISUAL COVERAGE SHALL BE EXPEDITED IN ACCORDANCE WITH THE RULES OF
 THE APPLICABLE APPELLATE COURT.
   12. REGULATIONS. THE  PROVISIONS  OF  THIS  ACT  SHALL  SUPERSEDE  ANY
 PROVISION TO THE CONTRARY IN PART 131 OF THE RULES OF THE CHIEF ADMINIS-
 TRATIVE  JUDGE,  22  NYCRR  PART  131, PART 29 OF THE RULES OF THE CHIEF
 JUDGE, 22 NYCRR PART 29, AND ANY OTHER COURT RULE REGARDING AUDIO-VISUAL
 COVERAGE OF JUDICIAL PROCEEDINGS.
   § 2. Section 52 of the civil rights law is REPEALED.
   § 3. Subdivision 5 of section 751 of the judiciary law,  as  added  by
 chapter 187 of the laws of 1992, is amended to read as follows:
   5. Where any member of the [news] media as [defined in subdivision two
 of] REFERENCED IN section two hundred eighteen of this chapter, willful-
 ly disobeys a lawful mandate of a court issued pursuant to such section,
 the punishment for each day that such contempt persists may be by a fine
 fixed  in  the  discretion of the court, but not to exceed five thousand
 dollars per day or imprisonment, not exceeding thirty days, in the  jail
 of  the  county where the court is sitting or both, in the discretion of
 the court. In fixing the amount of the fine, the  court  shall  consider
 all  the  facts  and  circumstances  directly  related  to the contempt,
 including, but not limited to: (i) the extent of the willful defiance of
 or resistance to the court's mandate, (ii) the amount of  gain  obtained
 by  the  willful  disobedience of the mandate, and (iii) the effect upon
 the public and the parties to the proceeding of  the  willful  disobedi-
 ence.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  712--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. WEPRIN, SOLAGES, CRUZ, PAULIN, BURDICK, SEPTIMO,
   HEVESI, SIMON, AUBRY, SILLITTI,  SIMONE,  BICHOTTE HERMELYN,  DICKENS,
   SHIMSKY, GUNTHER, GLICK, TAPIA, WALLACE, COOK, McMAHON, DAVILA -- read
   once  and referred to the Committee on Judiciary -- recommitted to the
   Committee on Judiciary in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on Judi-
   ciary 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 judiciary law, in relation to audio-visual coverage
   of judicial proceedings; and to repeal section 218  of  the  judiciary
   law and section 52 of the civil rights law relating thereto
 
   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. SUBJECT TO THE AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING  OVER
 THE PROCEEDING TO EXERCISE SOUND DISCRETION TO PROHIBIT OR LIMIT FILMING
 OR  PHOTOGRAPHING  OF PARTICULAR PARTICIPANTS IN JUDICIAL PROCEEDINGS TO
 ENSURE SAFETY AND THE FAIR ADMINISTRATION OF JUSTICE,  AUDIO-VISUAL  AND
 STILL  PHOTOGRAPHY COVERAGE OF PUBLIC JUDICIAL PROCEEDINGS IN THE APPEL-
 LATE AND TRIAL COURTS OF THIS STATE SHALL BE ALLOWED IN ACCORDANCE  WITH
 THIS SECTION.
   2.    DEFINITIONS.  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PROCEEDING" SHALL MEAN ANY ACTION OR PROCEEDING HEARD IN A  COURT
 OF COMPETENT JURISDICTION IN THIS STATE.
   (B) "MEDIA" SHALL MEAN ANY NEWS REPORTING OR NEWS GATHERING AGENCY AND
 ANY EMPLOYEE OR AGENT ASSOCIATED WITH SUCH AGENCY, INCLUDING TELEVISION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01599-05-4
              

 A. 712--B                           2
 
 RADIO,  RADIO  AND TELEVISION NETWORKS, NEWS SERVICES, NEWSPAPERS, MAGA-
 ZINES, TRADE PAPERS, IN-HOUSE PUBLICATIONS, PROFESSIONAL JOURNALS OR ANY
 OTHER NEWS REPORTING OR NEWS GATHERING AGENCY, THE FUNCTION OF WHICH  IS
 TO INFORM THE PUBLIC, OR SOME SEGMENT THEREOF.
   3.    EQUIPMENT AND PERSONNEL. THE FOLLOWING SHALL BE PERMITTED IN ANY
 TRIAL COURT OR APPELLATE  COURT  PROCEEDING  OTHER  THAN  A  MATRIMONIAL
 PROCEEDING OR A PROCEEDING IN FAMILY COURT:
   (A)  AT  LEAST  ONE COMPACT VIDEO CAMERA, OPERATED BY NO MORE THAN ONE
 CAMERA PERSON. ADDITIONAL PERMITTED CAMERAS SHALL  BE  WITHIN  THE  SOLE
 DISCRETION  AND  AUTHORITY  OF  THE  JUDGE OR JUSTICE PRESIDING OVER THE
 PROCEEDING.
   (B) NOT MORE THAN ONE  AUDIO  SYSTEM  FOR  RADIO  BROADCAST  PURPOSES.
 AUDIO  PICKUP FOR ALL MEDIA PURPOSES SHALL BE PROVIDED BY EXISTING AUDIO
 SYSTEMS PRESENT IN THE  COURTROOM.  IF  NO  TECHNICALLY  SUITABLE  AUDIO
 SYSTEM EXISTS IN THE COURTROOM, MICROPHONES AND RELATED WIRING ESSENTIAL
 FOR  MEDIA  PURPOSES  SHALL BE PERMISSIBLE PROVIDED THEY ARE UNOBTRUSIVE
 AND SHALL BE LOCATED IN PLACES DESIGNATED IN ADVANCE OF  ANY  PROCEEDING
 BY  THE  JUDGE  OR  JUSTICE PRESIDING OVER THE PROCEEDING.  IN THE EVENT
 THAT THE COURTROOM HAS EXISTING CAMERAS SUITABLE FOR AUDIO-VISUAL COVER-
 AGE, UPON REQUEST THE JUDGE OR JUSTICE  PRESIDING  OVER  THE  PROCEEDING
 SHALL  HAVE  SOLE  DISCRETION  TO PROVIDE A MEDIA FEED FROM SUCH CAMERAS
 INSTEAD OF ALLOWING VIDEO CAMERAS IN THE COURTROOM.
   (C) ADDITIONAL PERMITTED EQUIPMENT OR PERSONNEL SHALL  BE  WITHIN  THE
 SOLE DISCRETION AND AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER THE
 PROCEEDING.    ALL COSTS OF ALL AUDIO AND VISUAL COVERAGE SHALL BE BORNE
 BY THE ENTITY SEEKING TO PROVIDE SUCH COVERAGE.
   (D) ANY POOLING ARRANGEMENTS AMONG MEMBERS  OF  THE  MEDIA  CONCERNING
 EQUIPMENT AND PERSONNEL SHALL BE THE SOLE RESPONSIBILITY OF SUCH MEMBERS
 WITHOUT  CALLING UPON THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING
 TO MEDIATE ANY DISPUTE AS TO THE  APPROPRIATE  MEDIA  REPRESENTATIVE  OR
 EQUIPMENT AUTHORIZED TO COVER A PARTICULAR PROCEEDING. IN THE ABSENCE OF
 ADVANCE  MEDIA  AGREEMENT  CONCERNING  DISPUTED  EQUIPMENT  OR PERSONNEL
 ISSUES, THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING  MAY  EXCLUDE
 ALL MEDIA PERSONNEL FROM A PROCEEDING.
   4.  SOUND AND LIGHT CRITERIA. ANY VIDEO AND AUDIO EQUIPMENT, INCLUDING
 STILL CAMERA EQUIPMENT, WHETHER FILM OR DIGITAL, SHALL BE OPERATED IN  A
 MANNER TO GENERATE THE LEAST POSSIBLE SOUND OR LIGHT, AND SUCH EQUIPMENT
 SHALL  NOT  BE  PERMITTED  IF IT PRODUCES DISTRACTING SOUND OR LIGHT. NO
 ARTIFICIAL LIGHTING DEVICE OF ANY KIND SHALL BE USED IN CONNECTION  WITH
 THE VIDEO EQUIPMENT OR STILL CAMERA.
   5.  LOCATION  OF EQUIPMENT PERSONNEL. VIDEO CAMERA EQUIPMENT AND STILL
 CAMERA PHOTOGRAPHERS SHALL BE POSITIONED IN SUCH LOCATION  OR  LOCATIONS
 IN  THE COURTROOM AS SHALL BE DESIGNATED BY THE JUDGE OR JUSTICE PRESID-
 ING OVER THE PROCEEDING. THE AREA DESIGNATED  SHALL  PROVIDE  REASONABLE
 ACCESS TO COVERAGE OF THE PROCEEDINGS, SO LONG AS SUCH REASONABLE ACCESS
 CAN  BE  PROVIDED  WITHOUT  INTERFERENCE  WITH  THE PROCEEDINGS.   VIDEO
 CAMERAS AND OPERATORS, AND  ANY  STILL  CAMERAS  AND  PHOTOGRAPHERS,  IF
 PERMITTED,  SHALL ASSUME A FIXED POSITION WITHIN THE DESIGNATED AREA AND
 SHALL NOT BE PERMITTED TO MOVE ABOUT  TO  OBTAIN  PHOTOGRAPHS  OR  VIDEO
 RECORDINGS  OF  COURT  PROCEEDINGS. MEDIA REPRESENTATIVES SHALL NOT MOVE
 ABOUT THE COURT FACILITY WHILE PROCEEDINGS ARE IN SESSION.
   6. EQUIPMENT MOVEMENT DURING PROCEEDINGS. NEWS MEDIA  PHOTOGRAPHIC  OR
 AUDIO EQUIPMENT SHALL NOT BE PLACED IN, REMOVED FROM, OR MOVED ABOUT THE
 AUTHORIZED LOCATION AS DETERMINED BY THE JUDGE OR JUSTICE PRESIDING OVER
 THE  PROCEEDING,  EXCEPT  BEFORE  COMMENCEMENT  OR  AFTER ADJOURNMENT OF
 PROCEEDINGS EACH DAY.  EQUIPMENT MAY BE MOVED DURING A RECESS ONLY  WITH
 A. 712--B                           3

 THE  PRIOR  APPROVAL OF THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEED-
 ING.  NEITHER VIDEO CASSETTES OR FILM MAGAZINES NOR STILL  CAMERA  FILM,
 DIGITAL MEDIA CARDS OR LENSES SHALL BE CHANGED WITHIN A COURTROOM EXCEPT
 DURING A RECESS IN THE PROCEEDING.
   7. COURTROOM LIGHT SOURCES. WITH THE CONCURRENCE OF THE ADMINISTRATIVE
 JUDGE  OR  THE  PRESIDING  JUSTICE  WHO  OVERSEES THE COURT IN WHICH THE
 PROCEEDING IS OCCURRING, MODIFICATIONS AND  ADDITIONS  MAY  BE  MADE  IN
 LIGHT  SOURCES EXISTING IN THE COURTROOM, PROVIDED SUCH MODIFICATIONS OR
 ADDITIONS ARE INSTALLED AND MAINTAINED WITHOUT PUBLIC EXPENSE.
   8. 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
 VISUAL  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) TO PROTECT THE ATTORNEY-CLIENT PRIVILEGE AND THE  EFFECTIVE  RIGHT
 TO  COUNSEL,  THERE  SHALL  BE  NO VIDEO OR AUDIO PICKUP OR BROADCAST OF
 CONFERENCES THAT OCCUR  IN  A  COURTROOM  BETWEEN  ATTORNEYS  AND  THEIR
 CLIENTS,  BETWEEN  CO-COUNSEL  OF  A  CLIENT, OR BETWEEN COUNSEL AND THE
 PRESIDING JUDGE HELD AT THE BENCH;
   (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 SUCH PRESIDING
 TRIAL JUDGE'S 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  OFFICER  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 SUCH VICTIM'S
 TESTIMONY, OR IN THE ALTERNATIVE THE VICTIM CAN REQUEST THAT COVERAGE OF
 SUCH  VICTIM'S TESTIMONY BE PERMITTED BUT THAT SUCH VICTIM'S IMAGE SHALL
 BE VISUALLY OBSCURED BY THE NEWS MEDIA, AND THE PRESIDING TRIAL JUDGE IN
 SUCH PRESIDING TRIAL JUDGE'S 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
 A. 712--B                           4
 
 COUNSEL,  CONSENT  MAY NOT BE GIVEN UNLESS THE PARTY HAS BEEN ADVISED OF
 SUCH PARTY'S RIGHT TO THE AID OF COUNSEL PURSUANT TO SUBDIVISION FOUR OF
 SECTION 170.10 OR 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; AND
   (K)  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.
   9. IMPERMISSIBLE USE OF MEDIA MATERIAL.  FILM,  DIGITAL  FILES,  VIDE-
 OTAPE,  STILL  PHOTOGRAPHS,  OR AUDIO REPRODUCTIONS CAPTURED OR RECORDED
 DURING OR BY VIRTUE OF COVERAGE OF A JUDICIAL PROCEEDING  SHALL  NOT  BE
 ADMISSIBLE  AS EVIDENCE IN THE PROCEEDING OUT OF WHICH IT AROSE, OR UPON
 RETRIAL OR APPEAL OF SUCH PROCEEDINGS.
   10. WRITTEN ORDER. (A) AN ORDER RESTRICTING AUDIO-VISUAL COVERAGE WITH
 RESPECT TO A PARTICULAR PARTICIPANT SHALL BE IN WRITING. THE ORDER  MUST
 STATE  GOOD  CAUSE WHY SUCH COVERAGE WILL HAVE A SUBSTANTIAL EFFECT UPON
 THE INDIVIDUAL WHICH WOULD BE QUALITATIVELY DIFFERENT FROM THE EFFECT ON
 MEMBERS OF THE PUBLIC IN GENERAL AND THAT SUCH EFFECT WILL  BE  QUALITA-
 TIVELY DIFFERENT FROM COVERAGE BY OTHER TYPES OF MEDIA. BEFORE PROHIBIT-
 ING  AUDIO-VISUAL  COVERAGE, THE PRESIDING JUDGE MUST FIRST CONSIDER THE
 IMPOSITION OF SPECIAL LIMITATIONS, SUCH AS A DELAYED OR  MODIFIED  STILL
 OR AUDIO-VISUAL COVERAGE OF THE PROCEEDINGS.
   (B) A PRESUMPTION OF GOOD CAUSE SHALL EXIST WITH RESPECT TO THE TESTI-
 MONY  OF  MINORS  AND  TESTIMONY  OF  ANY  INDIVIDUAL COVERED BY SECTION
 FIFTY-B OF THE CIVIL RIGHTS LAW.
   11. CLOSING THE COURTROOM. NO AUDIO-VISUAL COVERAGE WILL BE  PERMITTED
 DURING  ANY  PERIOD  IN  WHICH  THE  COURTROOM IS LAWFULLY CLOSED TO THE
 GENERAL PUBLIC IN ACCORDANCE WITH THE UNITED STATES AND NEW YORK CONSTI-
 TUTIONS, NEW YORK LAW AND COURT RULES.
   12. APPELLATE REVIEW.  ANY ORDER ISSUED PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO REVIEW PURSUANT TO  ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
 PRACTICE LAW AND RULES AND ANY RULES OF THE APPELLATE COURTS PROMULGATED
 TO PROVIDE EXPEDITED REVIEW OF SUCH ORDER.
   13. REGULATIONS.  THE CHIEF ADMINISTRATOR SHALL PROMULGATE APPROPRIATE
 RULES  AND  REGULATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS
 SECTION AFTER AFFORDING ALL  INTERESTED  PERSONS,  AGENCIES  AND  INSTI-
 TUTIONS  AN  OPPORTUNITY  TO  REVIEW AND COMMENT THEREON. SUCH RULES AND
 REGULATIONS SHALL INCLUDE PROVISIONS TO ENSURE THAT AUDIO-VISUAL  COVER-
 AGE OF TRIAL PROCEEDINGS SHALL NOT INTERFERE WITH THE DECORUM AND DIGNI-
 TY OF COURTROOMS AND COURT FACILITIES.
   § 2. Section 52 of the civil rights law is REPEALED.
   §  3.  Subdivision  5 of section 751 of the judiciary law, as added by
 chapter 187 of the laws of 1992, is amended to read as follows:
   5. Where any member of the [news] media as [defined in subdivision two
 of] REFERENCED IN section two hundred eighteen of this chapter, willful-
 ly disobeys a lawful mandate of a court issued pursuant to such section,
 the punishment for each day that such contempt persists may be by a fine
 fixed in the discretion of the court, but not to  exceed  five  thousand
 dollars  per day or imprisonment, not exceeding thirty days, in the jail
 of the county where the court is sitting or both, in the  discretion  of
 A. 712--B                           5
 
 the  court.  In  fixing the amount of the fine, the court shall consider
 all the facts  and  circumstances  directly  related  to  the  contempt,
 including, but not limited to: (i) the extent of the willful defiance of
 or  resistance  to the court's mandate, (ii) the amount of gain obtained
 by the willful disobedience of the mandate, and (iii)  the  effect  upon
 the  public  and  the parties to the proceeding of the willful disobedi-
 ence.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.