A10493 Summary:

BILL NOA10493
 
SAME ASSAME AS S08414
 
SPONSORRules (Lentol)
 
COSPNSROtis, Bichotte, Ortiz, Perry, Blake, Mosley, Seawright, Simon
 
MLTSPNSR
 
Add 180.65, amd 180.80, CP L
 
Relates to conducting hearings on a felony complaint during a state disaster emergency; appearances of any party or witness may be by electronic means so long as the judge is able to hear and see the image of each witness and such appearance is comparable to such witness being present in the courtroom.
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A10493 Actions:

BILL NOA10493
 
05/22/2020referred to codes
05/26/2020reported referred to rules
05/27/2020reported
05/27/2020rules report cal.45
05/27/2020substituted by s8414
 S08414 AMEND= BAILEY
 05/24/2020REFERRED TO CODES
 05/26/2020REPORTED AND COMMITTED TO RULES
 05/27/2020ORDERED TO THIRD READING CAL.665
 05/27/2020PASSED SENATE
 05/27/2020DELIVERED TO ASSEMBLY
 05/27/2020referred to codes
 05/27/2020substituted for a10493
 05/27/2020ordered to third reading rules cal.45
 05/28/2020passed assembly
 05/28/2020returned to senate
 06/05/2020DELIVERED TO GOVERNOR
 06/17/2020SIGNED CHAP.123
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A10493 Committee Votes:

CODES Chair:Lentol DATE:05/26/2020AYE/NAY:20/1 Action: Favorable refer to committee Rules
LentolAyeMorinelloAye
SchimmingerExcusedGiglioAye
PretlowAyeMontesanoAye
CookAyePalumboNay
CymbrowitzAyeGarbarinoAye
O'DonnellAyeReillyAye
LavineAye
PerryAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye

RULES Chair:Heastie DATE:05/27/2020AYE/NAY:29/0 Action: Favorable
HeastieAyeBarclayAye
GottfriedAyeCrouchAye
LentolAyeFinchExcused
GanttExcusedHawleyAye
NolanAyeGiglioAye
WeinsteinAyeMalliotakisAye
OrtizAyeBlankenbushAye
PretlowAyeNorrisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye

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A10493 Floor Votes:

There are no votes for this bill in this legislative session.
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A10493 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10493
 
SPONSOR: Rules (Lentol)
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to conducting hearings on a felony complaint during a state disaster emergency; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: To provide for audio-visual appearances for hearings on felony complaints during the COVID19 disaster emergency   SUMMARY OF PROVISIONS: Section 1 adds a new section 180.65 of the Criminal Procedure Law concerning preliminary hearings in felony cases. The section applies during the declared COVID-19 disaster emergency recognized by Executive Order 202, issued by the Governor on March 7, 2020. The bill authorizes the audio-visual appearance of any party or witness at such a hearing, held pursuant to Article 180 of the Criminal Proce- dure Law, where the court finds that due to the person's circumstances and such disaster emergency a personal appearance by such party or witness would be an unreasonable hardship to such person or witness. The bill provides that the judge must be able to see and hear any testi- fying witness and that documents needed for the hearing may be exchanged in advance of the hearing by electronic means. A stenographic record or appropriate audio recording of the proceedings will be maintained, and the live testimony received by electronic appearance and other electron- ic appearances where practicable must be video recorded. Section two makes a conforming change to section 180.80 of the Criminal Procedure Law with respect to such preliminary hearings conducted by electronic appearance. Section three provides the effective date.   JUSTIFICATION: The current public health crisis has closed most courts to the public, and neither grand juries nor petit juries are being called or assembled at the time of this writing. CPL Article 180 provides that a person detained on a felony charge is to be indicted within six days (excluding weekend and holiday days) or a preliminary hearing must be held. Conducting such hearings has been difficult in many jurisdictions because of limited courtroom access and a lack of statutory authority to conduct video appearances during the pandemic. This bill addresses this concern by providing statutory authority and general procedures for electronic appearances, including the testimony of witnesses, at CPL Art. 180 preliminary hearings.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: Little or none. Under existing Executive Orders and Administrative Orders of the Judiciary, most jurisdictions are already conducting appearances using this or similar technology, in response to the current pandemic.   EFFECTIVE DATE: The bill would take effect in thirty days and would expire and be deemed repealed on April 30, 2021.
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A10493 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10493
 
                   IN ASSEMBLY
 
                                      May 22, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
          read once and referred to the Committee on Codes
 
        AN ACT to amend the criminal procedure law, in  relation  to  conducting
          hearings  on a felony complaint during a state disaster emergency; and
          providing for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 180.65 to read as follows:
     3  § 180.65 Hearing upon  felony  complaint;  emergency  provision   during
     4              disaster emergency.
     5    During  the  period  of  the  COVID-19  state  disaster  emergency, as
     6  declared pursuant to executive order number two hundred two of two thou-
     7  sand twenty and extensions thereof and article two-B  of  the  executive
     8  law, the following additional provisions shall apply to the conduct of a
     9  hearing on a felony complaint pursuant to this article:
    10    1.  The appearance of any party and any witness at such hearing may be
    11  by electronic appearance through an independent audio-visual system,  as
    12  such  terms are defined in section 182.10 of this title, where the court
    13  finds after hearing from the parties and any  such  witness,  either  in
    14  person  or  by  electronic  appearance, that due to the person's circum-
    15  stances and such disaster emergency a personal appearance by such  party
    16  or witness would be an unreasonable hardship to such person or witness.
    17    2. At any such hearing on the felony complaint, the judge must be able
    18  to hear and see the image of each witness clearly though the independent
    19  audio-visual  system and such sound and visual image shall be similar to
    20  the sound and image the judge would hear and see  if  the  witness  were
    21  present together with the judge testifying in the courtroom.  Documents,
    22  photographs  and  the like offered at the hearing may be exchanged among
    23  the parties by electronic means. A stenographic transcription or  appro-
    24  priate  audio  recording of the proceedings shall be maintained, and the
    25  live testimony received by electronic appearance, and  other  electronic
    26  appearances where practicable, shall be video recorded.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16470-02-0

        A. 10493                            2
 
     1    3. The authority for an electronic appearance pursuant to this section
     2  shall  be  considered  sufficient means to enable the court to conduct a
     3  hearing on a felony complaint within the meaning of  section  180.80  of
     4  this article.
     5    §  2.  The opening paragraph of subdivision 3 of section 180.80 of the
     6  criminal procedure law is designated paragraph (a) and a  new  paragraph
     7  (b) is added to read as follows:
     8    (b) In the event of a state disaster emergency, declared in accordance
     9  with  article  two-B  of  the executive law, electronic appearances at a
    10  hearing on a felony complaint shall be governed  by  section  180.65  of
    11  this article.
    12    §  3.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law and shall expire and be deemed repealed on  April  30,
    14  2021.
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A10493 LFIN:

 NO LFIN
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A10493 Chamber Video/Transcript:

5-27-20Video (@ 02:25:27)
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