BILL NUMBER: S6246
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend chapter 689 of the laws of 1993 amending the criminal
procedure law relating to electronic court appearance in certain coun-
ties, in relation to making such provisions permanent
 
PURPOSE:
To allow and implement electronic arraignments permanently.
 
SUMMARY OF PROVISIONS:
Section 1: Amends criminal procedure law to eliminate the repeal date
rather than expire in 2025.
Section 2: Sets effective date.
 
JUSTIFICATION:
Historically, defendants have been required to be physically present
during arraignment proceedings. The county holding arraignment
proceedings must bear the cost of transporting defendants from a secure
location to the court for the defendant's appearance. This presents a
significant cost to the host county of the proceedings.
As the COVID-19 pandemic demonstrated, a defendant's in-person appear-
ance is no longer necessary. Executive Order 202.1 of 2020 provided for
statewide video arraignments in keeping with social distancing require-
ments. Modern-day audiovisual equipment allows for adequate electronic
arraignments when the defendant is in a secure location outside the
courthouse.
This legislation will remove the repeal date of Article 182 of the crim-
inal procedure law, allowing electronic arraignments to continue in
perpetuity in the counties outlined in the law. Electronic arraignments
will reduce the financial burden that in-person arraignments have on the
counties. Reducing the need to transport a defendant reduces the time
the state must spend on arraignments. Since defendants do not have to
leave where they are being held, these proceedings don't require moving
them to a new space.
 
PRIOR LEGISLATIVE HISTORY:
Senate
2023: N/A
2024: S8127, Referred to Codes
Assembly
2023: N/A
2024: A9793, Referred to Codes
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
This act shall take effect immediately.