BILL NUMBER: S6250
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to permitting
electronic arraignment in counties not wholly included within a city and
to repeal article 185 of the criminal procedure law relating thereto
 
PURPOSE:
To allow and properly implement electronic arraignments.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the criminal procedure law by repealing Article 185
and replacing it to include the definitions and conditions of electronic
arraignments. Provides definitions for "Independent audio-visual system"
and "electronic arraignment." Provides that a court may utilize an elec-
tronic arraignment if the defendant has waived their right to appear in
person, if an in-person arraignment would result in an unreasonable
delay in the preliminary proceeding, and if the chief administrator of
the court has authorized the use of an electronic arraignment for the
court. Further, this section outlines the limitations and conditions of
electronic arraignment.
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. In keeping with social distancing require-
ments, statewide video arraignments were provided under Executive Order
202.1 of 2020. Modern audiovisual equipment allows for adequate elec-
tronic arraignments when the defendant is in a secure location outside
the courthouse.
This Legislation will allow video arraignments when appropriate. Elec-
tronic 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 a
defendant does not have to leave where they are being held, these
proceedings don't require them to be moved to a new space.
 
LEGISLATIVE HISTORY:
Senate
2023: S6114, Referred to Codes
2024: S6114, Referred to Codes
Assembly
2023: N/A
2024: A9600, Referred to Codes
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.