S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    462
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed 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  Section  218  of  the judiciary law is REPEALED and a new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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01907-01-5
 S. 462                              2
 
   (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.
   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
 S. 462                              3

 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;
   (I)  NO  JUDICIAL PROCEEDING SHALL BE SCHEDULED, DELAYED, REENACTED OR
 CONTINUED AT THE REQUEST OF, OR FOR THE CONVENIENCE OF THE NEWS MEDIA;
 S. 462                              4
 
   (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
 by the willful disobedience of the mandate, and (iii)  the  effect  upon
 S. 462                              5
 
 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.