S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  462--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, RAMOS, WEBB -- read twice and ordered
   printed,  and when printed to be committed to the Committee on Judici-
   ary --  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 by the media; 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  Section  218  of  the judiciary law is REPEALED and a new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 BY THE MEDIA OF PUBLIC  JUDICIAL  PROCEEDINGS
 IN  THE  APPELLATE  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01907-02-5
              

 S. 462--A                           2
 
   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
 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.
 S. 462--A                           3
 
   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
 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;
 S. 462--A                           4
 
   (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
 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
 S. 462--A                           5
 
 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.