BILL NUMBER: S481
SPONSOR: OBERACKER
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the use of
video monitoring equipment to conduct arraignments
 
SUMMARY OF PROVISIONS:
Section 1 amends article 182.20 of the Criminal Procedure Law expanding
the use of virtual arraignments to any county in the State.
Section 2 provides for the effective date.
 
JUSTIFICATION:
Traditionally, defendants were required to be physically present during
arraignment proceedings, which sometimes resulted in great cost to the
county in which the proceedings are being held. The county holding
arraignment proceedings had to bear the cost of transporting defendants
from a secure location to the court for the defendants' personal appear-
ance. This presented a significant cost to the host county of the
proceedings.
With today's modern technology, it is possible to hold arraignment
proceedings through an audio-visual system whenever the defendant is
being held at a secure location outside the courthouse. Current law
recognizes this possibility and authorizes approximately half of the
counties in New York State to use audio-video technology to hold virtual
arraignments. The potential for this technology was proven during the
COVID-19 pandemic, when statewide video arraignments were provided for
under Executive Order 202.1 of 2020 in keeping with social distancing
requirements. This bill would allow for such electronic arraignments at
a statewide level.
 
LEGISLATIVE HISTORY:
2023: S.4591/A1328 Referred to Codes
2021: S.1854/A4200 Referred to Codes
2020: S.4800/A.5190 Referred to Codes
2019: S.1019/A.5190 Referred to Codes
2018: S.554/A.4581 Reported and Committed to Finance
2017: S.554/A.4581 Passed Senate
2015: 2016: S.3083/A.9264 Passed Senate
2013: 2014: 5.2242 Referred to Codes
2015: 2016: S.3083/A.9264 Passed Senate
2011: 2012: S.837 Referred to Codes
2009: 2010: 5.4681 Referred to Codes
2007: 2008: S.2691/A.4237 Referred to Codes
2006: A.10306 Held in Codes
 
FISCAL IMPLICATIONS:
Savings to counties.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S481: 182.20 criminal procedure law, 182.20(1) criminal procedure law