New York Senate Bill S06656

New York 2025-2026 Regular Session

• Introduced: 3/19/25
• Refer: 3/19/25
• Refer: 1/7/26

Caption

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.

Summary

S06656 would expand New York’s criminal procedure law to allow courts, in their discretion, to dispense with a defendant’s personal appearance and permit an electronic appearance in a criminal action anywhere in the state. The bill removes the current county-based limitation and instead makes the authority statewide, so long as the chief administrator of the courts has authorized electronic appearances for that setting and the defendant consents on the record after consulting with counsel. The consent requirement must be renewed at the start of each electronic appearance. The measure applies only to appearances in criminal actions and does not authorize electronic substitution for hearings or trials. It is framed as an administrative and procedural change rather than a change to substantive criminal law, and it would take effect immediately upon enactment. The bill also preserves the existing role of the courts’ chief administrator in deciding where electronic appearances may be used.

Impact

The bill would amend section 182.20 of the Criminal Procedure Law to make electronic court appearances available statewide in criminal cases, replacing the current list of eligible counties with a uniform statewide rule. This would affect criminal defendants, defense counsel, prosecutors, and courts by expanding judicial discretion to conduct appearances remotely, while preserving defendant consent and administrative approval safeguards. It would not alter trial rights or hearing requirements, and it would operate alongside the existing statutory framework governing electronic appearances.

Sentiment

The bill’s structure suggests generally favorable treatment of remote court access and procedural flexibility, with built-in safeguards to address fairness and due process concerns. Because no committee transcript or vote record is provided, there is no documented opposition or support in the available materials beyond the bill’s text and sponsor framing. The overall tone of the measure is pragmatic and modernization-oriented, emphasizing statewide consistency and judicial discretion.

Contention

The main points of potential contention are likely to be the expansion of electronic appearances beyond the counties currently authorized, the degree of discretion left to judges and court administration, and whether remote appearances could affect defendants’ ability to participate meaningfully in criminal proceedings. Supporters would likely emphasize efficiency, access, and reduced transport or scheduling burdens, while critics may focus on due process, attorney-client communication, and the importance of in-person appearances in criminal matters. The bill attempts to address these concerns by requiring counsel consultation, on-the-record consent, and limiting the change to appearances other than hearings and trials.