S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1518
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M. of A. WEPRIN, CRUZ, PAULIN, BURDICK, SEPTIMO, HEVESI,
   SIMON, SIMONE, BICHOTTE HERMELYN, SHIMSKY, GLICK, TAPIA,  COOK,  McMA-
   HON, DAVILA -- read once and referred to the Committee on Judiciary
 
 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 Section 218 of the judiciary law  is  REPEALED  and  a  new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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01907-01-5
 A. 1518                             2
 
 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
 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.
 A. 1518                             3
 
   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
 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
 A. 1518                             4
 
   (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
 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.