New York 2025-2026 Regular Session

New York Senate Bill S00481

Introduced
1/8/25  
Refer
1/8/25  

Caption

Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

Summary

S00481 would amend the Criminal Procedure Law to allow courts, in their discretion, to dispense with a defendant’s in-person appearance at arraignment and instead conduct the arraignment electronically. The bill applies where the Chief Administrator of the Courts has authorized electronic appearances and where the defendant, after consulting with counsel, consents on the record. That consent would have to be given at the start of each electronic appearance. The bill broadens the current geographic authorization for electronic arraignments by replacing a long list of specifically named counties with a reference to any county, so long as the court system has approved the practice. It is framed as a procedural change to criminal court operations rather than a change to substantive criminal law, and it would take effect immediately.

Impact

This bill would amend section 182.20 of the Criminal Procedure Law, expanding the authority for courts to conduct arraignments by video or other electronic means across any county in New York, subject to administrative authorization and defendant consent. It would affect criminal defendants, defense counsel, prosecutors, and courts by making remote arraignment available more broadly and by formalizing the requirement that consent be obtained on the record at each appearance. The measure does not change the underlying rights or charges in a criminal case, but it would alter how initial court appearances are conducted and could reduce the need for in-person transport and courtroom appearances.

Sentiment

No committee transcript or recorded vote information is provided, so there is no direct evidence of support or opposition in the available materials. Based on the bill text, the proposal appears administrative and procedural, aimed at expanding an existing electronic arraignment practice rather than creating a new criminal justice policy. The absence of recorded debate suggests the bill’s reception cannot be assessed from the supplied context.

Contention

The main potential point of contention is the use of electronic arraignments instead of personal appearances, which may raise concerns about due process, access to counsel, voluntariness of consent, and the defendant’s ability to participate meaningfully in the proceeding. Supporters would likely emphasize efficiency, reduced transport and security burdens, and continuity with existing remote-court practices. Opponents, if any, would likely focus on whether remote arraignments are appropriate in all counties and whether defendants can truly consent freely and knowingly, especially at the outset of a criminal case.

Companion Bills

NY A00367

Same As Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

Previously Filed As

NY A01328

Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

NY A00367

Provides that the court may, in its discretion, dispense with the defendant's personal appearance at an arraignment and conduct an electronic arraignment.

NY A01425

Provides that persons charged with a parking violation shall be able to make an electronic court appearance unless a locality elects not to permit electronic appearances.

NY S01511

Provides that persons charged with a parking violation shall be able to make an electronic court appearance unless a locality elects not to permit electronic appearances.

NY S09824

Allows certain minor defendants under the age of 18 to utilize electronic appearances under certain circumstances.

NY S06656

Provides for electronic court appearance in a criminal action, anywhere in the state, at the discretion of the court having jurisdiction of the defendant; provides that the defendant must, after consultation with counsel, consent on the record; provides that the chief administrator of the courts must first approve the use of such electronic appearance.

NY A03700

Permits electronic arraignment in counties not wholly included within a city.

NY S06250

Permits electronic arraignment in counties not wholly included within a city.

NY S2966

Permits all Rhode Island courts to conduct hearings remotely and allow any party or attorney to appear by telephone or video conference, with remote appearances having the same legal effect as in-person appearances.

NY H8328

Permits all Rhode Island courts to conduct hearings remotely and allow any party or attorney to appear by telephone or video conference, with remote appearances having the same legal effect as in-person appearances.

Similar Bills

No similar bills found.