S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4658
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN  ACT  to  amend  the  judiciary  law,  in  relation  to  audio-visual
         recordings  in the courtroom; to repeal section 218 of such law relat-
         ing thereto; 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. Section 218 of the judiciary law  is  REPEALED  and  a  new
    2  section 218 is added to read as follows:
    3    S  218.  AUDIO-VISUAL  COVERAGE  OF  JUDICIAL PROCEEDINGS. 1. AUTHORI-
    4  ZATION.   NOTWITHSTANDING THE PROVISIONS OF  SECTION  FIFTY-TWO  OF  THE
    5  CIVIL  RIGHTS  LAW  AND  SUBJECT  TO THE PROVISIONS OF THIS SECTION, THE
    6  CHIEF JUDGE OF THE COURT OF APPEALS OR HIS OR HER DESIGNEE MAY AUTHORIZE
    7  AN EXPERIMENTAL PROGRAM  IN  WHICH  PRESIDING  TRIAL  JUDGES,  IN  THEIR
    8  DISCRETION, MAY PERMIT AUDIO-VISUAL COVERAGE OF CIVIL AND CRIMINAL COURT
    9  PROCEEDINGS, INCLUDING TRIALS.
   10    2. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   11    (A) "ADMINISTRATIVE JUDGE" SHALL MEAN THE ADMINISTRATIVE JUDGE OF EACH
   12  JUDICIAL  DISTRICT;  THE  ADMINISTRATIVE  JUDGE  OF  NASSAU COUNTY OR OF
   13  SUFFOLK COUNTY; THE ADMINISTRATIVE JUDGE OF THE CIVIL COURT OF THE  CITY
   14  OF  NEW  YORK  OR  OF THE CRIMINAL COURT OF THE CITY OF NEW YORK; OR THE
   15  PRESIDING JUDGE OF THE COURT OF CLAIMS.
   16    (B) "AUDIO-VISUAL COVERAGE" SHALL MEAN THE ELECTRONIC BROADCASTING  OR
   17  OTHER TRANSMISSION TO THE PUBLIC OF RADIO OR TELEVISION SIGNALS FROM THE
   18  COURTROOM,  THE  RECORDING  OF SOUND OR LIGHT IN THE COURTROOM FOR LATER
   19  TRANSMISSION OR REPRODUCTION, OR THE TAKING OF STILL OR MOTION  PICTURES
   20  IN THE COURTROOM BY THE NEWS MEDIA.
   21    (C) "NEWS MEDIA" SHALL MEAN ANY NEWS REPORTING OR NEWS GATHERING AGEN-
   22  CY  AND  ANY  EMPLOYEE  OR  AGENT ASSOCIATED WITH SUCH AGENCY, INCLUDING
   23  TELEVISION, RADIO, RADIO AND TELEVISION NETWORKS, NEWS SERVICES, NEWSPA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01061-01-5
       S. 4658                             2
    1  PERS, MAGAZINES, TRADE PAPERS, IN-HOUSE PUBLICATIONS, PROFESSIONAL JOUR-
    2  NALS OR ANY OTHER NEWS REPORTING OR NEWS GATHERING AGENCY, THE  FUNCTION
    3  OF WHICH IS TO INFORM THE PUBLIC, OR SOME SEGMENT THEREOF.
    4    (D)  "PRESIDING TRIAL JUDGE" SHALL MEAN THE JUSTICE OR JUDGE PRESIDING
    5  OVER PROCEEDINGS AT WHICH AUDIO-VISUAL COVERAGE IS  AUTHORIZED  PURSUANT
    6  TO THIS SECTION.
    7    (E)  "COVERT OR UNDERCOVER CAPACITY" SHALL MEAN LAW ENFORCEMENT ACTIV-
    8  ITY INVOLVING CRIMINAL INVESTIGATION BY PEACE  OR  POLICE  OFFICERS  WHO
    9  USUALLY  AND  CUSTOMARILY WEAR NO UNIFORM, BADGE OR OTHER OFFICIAL IDEN-
   10  TIFICATION IN PUBLIC VIEW.
   11    (F) "ARRAIGNMENT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS  DEFINED
   12  IN SUBDIVISION NINE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   13    (G) "SUPPRESSION HEARING" SHALL MEAN A HEARING ON A MOTION MADE PURSU-
   14  ANT TO THE PROVISIONS OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW; A
   15  HEARING  ON  A MOTION TO DETERMINE THE ADMISSIBILITY OF ANY PRIOR CRIMI-
   16  NAL, VICIOUS OR IMMORAL ACTS OF A DEFENDANT AND ANY OTHER  HEARING  HELD
   17  TO DETERMINE THE ADMISSIBILITY OF EVIDENCE.
   18    (H)  "NONPARTY  WITNESS"  SHALL  MEAN  ANY WITNESS IN A CRIMINAL TRIAL
   19  PROCEEDING WHO IS NOT A PARTY TO SUCH PROCEEDING; EXCEPT  AN  EXPERT  OR
   20  PROFESSIONAL  WITNESS, A PEACE OR POLICE OFFICER WHO ACTED IN THE COURSE
   21  OF HIS OR HER DUTIES AND WAS NOT ACTING IN A COVERT OR UNDERCOVER CAPAC-
   22  ITY IN CONNECTION WITH THE INSTANT COURT PROCEEDING, OR  ANY  GOVERNMENT
   23  OFFICIAL  ACTING  IN  AN  OFFICIAL CAPACITY, SHALL NOT BE DEEMED TO BE A
   24  "NONPARTY WITNESS".
   25    (I) "VISUALLY OBSCURED" SHALL MEAN THAT THE FACE OF A PARTICIPANT IN A
   26  CRIMINAL TRIAL PROCEEDING SHALL EITHER NOT BE SHOWN OR SHALL BE RENDERED
   27  VISUALLY UNRECOGNIZABLE TO THE VIEWER OF SUCH  PROCEEDING  BY  MEANS  OF
   28  SPECIAL EDITING BY THE NEWS MEDIA.
   29    3.  REQUESTS  FOR COVERAGE OF PROCEEDINGS; ADMINISTRATIVE REVIEW.  (A)
   30  PRIOR TO THE COMMENCEMENT OF THE PROCEEDINGS, ANY NEWS MEDIA  INTERESTED
   31  IN  PROVIDING  AUDIO-VISUAL  COVERAGE  OF COURT PROCEEDINGS SHALL FILE A
   32  REQUEST WITH THE PRESIDING TRIAL JUDGE, IF ASSIGNED, OR IF NO ASSIGNMENT
   33  HAS BEEN MADE, TO THE JUDGE  RESPONSIBLE  FOR  MAKING  SUCH  ASSIGNMENT.
   34  REQUESTS FOR AUDIO-VISUAL COVERAGE SHALL BE MADE IN WRITING AND NOT LESS
   35  THAN  SEVEN DAYS BEFORE THE COMMENCEMENT OF THE JUDICIAL PROCEEDING, AND
   36  SHALL REFER TO THE INDIVIDUAL PROCEEDING WITH SUFFICIENT  IDENTIFICATION
   37  TO  ASSIST  THE  PRESIDING TRIAL JUDGE IN CONSIDERING THE REQUEST. WHERE
   38  CIRCUMSTANCES ARE SUCH THAT AN APPLICANT CANNOT REASONABLY  APPLY  SEVEN
   39  OR  MORE  DAYS  BEFORE THE COMMENCEMENT OF THE PROCEEDING, THE PRESIDING
   40  TRIAL JUDGE MAY SHORTEN THE TIME PERIOD FOR REQUESTS.
   41    (B) PERMISSION FOR NEWS MEDIA COVERAGE SHALL BE AT THE  DISCRETION  OF
   42  THE  PRESIDING  TRIAL  JUDGE. AN ORDER GRANTING OR DENYING A REQUEST FOR
   43  AUDIO-VISUAL COVERAGE OF A PROCEEDING SHALL BE IN WRITING AND  SHALL  BE
   44  INCLUDED  IN THE RECORD OF SUCH PROCEEDING. SUCH ORDER SHALL CONTAIN ANY
   45  RESTRICTIONS IMPOSED BY THE JUDGE ON THE AUDIO-VISUAL COVERAGE AND SHALL
   46  CONTAIN A STATEMENT ADVISING THE PARTIES THAT ANY VIOLATION OF THE ORDER
   47  IS PUNISHABLE BY CONTEMPT PURSUANT TO ARTICLE NINETEEN OF THIS  CHAPTER.
   48  SUCH  ORDER  FOR  INITIAL  ACCESS SHALL BE SUBJECT ONLY TO REVIEW BY THE
   49  APPROPRIATE ADMINISTRATIVE JUDGE; THERE SHALL  BE  NO  FURTHER  JUDICIAL
   50  REVIEW  OF  SUCH  ORDER  OR  DETERMINATION  DURING  THE PENDENCY OF SUCH
   51  PROCEEDING BEFORE SUCH  TRIAL  JUDGE.  NO  ORDER  ALLOWING  AUDIO-VISUAL
   52  COVERAGE OF A PROCEEDING SHALL BE SEALED.
   53    (C)  SUBJECT  TO  THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION,
   54  UPON A REQUEST FOR  AUDIO-VISUAL  COVERAGE  OF  COURT  PROCEEDINGS,  THE
   55  PRESIDING TRIAL JUDGE SHALL, AT A MINIMUM, TAKE INTO ACCOUNT THE FOLLOW-
   56  ING  FACTORS:  (I) THE TYPE OF CASE INVOLVED; (II) WHETHER SUCH COVERAGE
       S. 4658                             3
    1  WOULD CAUSE HARM TO ANY PARTICIPANT IN THE CASE OR  OTHERWISE  INTERFERE
    2  WITH THE FAIR ADMINISTRATION OF JUSTICE, THE ADVANCEMENT OF A FAIR TRIAL
    3  OR  THE  RIGHTS  OF  THE  PARTIES; (III) WHETHER ANY ORDER DIRECTING THE
    4  EXCLUSION OF WITNESSES FROM THE COURTROOM PRIOR TO THEIR TESTIMONY COULD
    5  BE  RENDERED SUBSTANTIALLY INEFFECTIVE BY ALLOWING AUDIO-VISUAL COVERAGE
    6  THAT COULD BE VIEWED BY SUCH WITNESSES TO THE DETRIMENT  OF  ANY  PARTY;
    7  (IV)  WHETHER  SUCH  COVERAGE  WOULD  INTERFERE WITH ANY LAW ENFORCEMENT
    8  ACTIVITY; OR (V) WHETHER THE SUBJECT MATTER INVOLVES LEWD OR  SCANDALOUS
    9  MATTERS.
   10    (D) A REQUEST FOR AUDIO-VISUAL COVERAGE MADE AFTER THE COMMENCEMENT OF
   11  A  TRIAL  PROCEEDING  IN  WHICH  A  JURY IS SITTING SHALL NOT BE GRANTED
   12  UNLESS (I) COUNSEL FOR ALL PARTIES TO THE  PROCEEDING  CONSENT  TO  SUCH
   13  COVERAGE,  OR  (II)  THE  REQUEST  IS FOR COVERAGE OF THE VERDICT AND/OR
   14  SENTENCING IN SUCH PROCEEDING.
   15    4. SUPERVISION OF AUDIO-VISUAL COVERAGE;  MANDATORY  PRETRIAL  CONFER-
   16  ENCE;  JUDICIAL  DISCRETION.    (A)  AUDIO-VISUAL  COVERAGE  OF  A COURT
   17  PROCEEDING SHALL BE SUBJECT TO THE SUPERVISION OF  THE  PRESIDING  TRIAL
   18  JUDGE.  IN  SUPERVISING  AUDIO-VISUAL  COVERAGE OF COURT PROCEEDINGS, IN
   19  PARTICULAR ANY WHICH INVOLVE LEWD OR  SCANDALOUS  MATTERS,  A  PRESIDING
   20  TRIAL JUDGE SHALL, WHERE NECESSARY FOR THE PROTECTION OF ANY PARTICIPANT
   21  OR  TO  PRESERVE THE WELFARE OF A MINOR, PROHIBIT ALL OR ANY PART OF THE
   22  AUDIO-VISUAL COVERAGE OF SUCH PARTICIPANT, MINOR OR EXHIBIT.
   23    (B) A PRETRIAL  CONFERENCE  SHALL  BE  HELD  IN  EACH  CASE  IN  WHICH
   24  AUDIO-VISUAL COVERAGE OF A PROCEEDING HAS BEEN APPROVED. AT SUCH CONFER-
   25  ENCE  THE  PRESIDING TRIAL JUDGE SHALL REVIEW, WITH COUNSEL AND THE NEWS
   26  MEDIA  WHO  WILL  PARTICIPATE  IN   THE   AUDIO-VISUAL   COVERAGE,   THE
   27  RESTRICTIONS  TO  BE  IMPOSED.  COUNSEL  SHALL  CONVEY  TO THE COURT ANY
   28  CONCERNS OF PROSPECTIVE WITNESSES WITH RESPECT TO AUDIO-VISUAL COVERAGE.
   29    (C) THERE SHALL BE NO LIMITATION ON THE EXERCISE OF  DISCRETION  UNDER
   30  THIS  SUBDIVISION  EXCEPT  AS PROVIDED BY LAW. THE PRESIDING TRIAL JUDGE
   31  MAY AT ANY TIME MODIFY OR REVERSE ANY PRIOR ORDER OR DETERMINATION.
   32    5. CONSENT. (A) AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS,  EXCEPT
   33  FOR  ARRAIGNMENTS  AND SUPPRESSION HEARINGS, SHALL NOT BE LIMITED BY THE
   34  OBJECTION OF COUNSEL, PARTIES, OR JURORS, EXCEPT FOR A  FINDING  BY  THE
   35  PRESIDING TRIAL JUDGE OF GOOD OR LEGAL CAUSE.
   36    (B)  AUDIO-VISUAL  COVERAGE  OF  ARRAIGNMENTS AND SUPPRESSION HEARINGS
   37  SHALL BE PERMITTED ONLY WITH THE CONSENT OF ALL PARTIES TO THE  PROCEED-
   38  ING;  PROVIDED, HOWEVER, WHERE A PARTY IS NOT YET REPRESENTED BY COUNSEL
   39  CONSENT MAY NOT BE GIVEN UNLESS THE PARTY HAS BEEN ADVISED OF HIS OR HER
   40  RIGHT TO THE AID OF COUNSEL PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
   41  170.10 OR SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW AND THE PARTY HAS
   42  AFFIRMATIVELY ELECTED TO PROCEED WITHOUT COUNSEL AT SUCH PROCEEDING.
   43    (C)  COUNSEL TO EACH PARTY IN A CRIMINAL TRIAL PROCEEDING SHALL ADVISE
   44  EACH NONPARTY WITNESS THAT HE OR SHE HAS THE RIGHT TO REQUEST  THAT  HIS
   45  OR  HER  IMAGE  BE VISUALLY OBSCURED DURING SAID WITNESS' TESTIMONY, AND
   46  UPON SUCH REQUEST THE PRESIDING TRIAL JUDGE SHALL ORDER THE  NEWS  MEDIA
   47  TO VISUALLY OBSCURE THE VISUAL IMAGE OF THE WITNESS IN ANY AND ALL AUDI-
   48  O-VISUAL COVERAGE OF THE JUDICIAL PROCEEDING.
   49    6.  RESTRICTIONS  RELATING TO EQUIPMENT AND PERSONNEL; SOUND AND LIGHT
   50  CRITERIA. WHERE AUDIO-VISUAL COVERAGE OF COURT PROCEEDINGS IS AUTHORIZED
   51  PURSUANT TO THIS SECTION, THE FOLLOWING RESTRICTIONS SHALL BE OBSERVED:
   52    (A) EQUIPMENT AND PERSONNEL:
   53    (I) NO MORE THAN TWO ELECTRONIC OR  MOTION  PICTURE  CAMERAS  AND  TWO
   54  CAMERA OPERATORS SHALL BE PERMITTED IN ANY PROCEEDING.
       S. 4658                             4
    1    (II)  NO  MORE THAN ONE PHOTOGRAPHER TO OPERATE TWO STILL CAMERAS WITH
    2  NOT MORE THAN TWO LENSES FOR EACH  CAMERA  SHALL  BE  PERMITTED  IN  ANY
    3  PROCEEDING.
    4    (III)  NO  MORE  THAN ONE AUDIO SYSTEM FOR BROADCAST PURPOSES SHALL BE
    5  PERMITTED IN ANY PROCEEDING. AUDIO PICKUP FOR ALL MEDIA  PURPOSES  SHALL
    6  BE  EFFECTUATED THROUGH EXISTING AUDIO SYSTEMS IN THE COURT FACILITY. IF
    7  NO TECHNICALLY SUITABLE  AUDIO  SYSTEM  IS  AVAILABLE,  MICROPHONES  AND
    8  RELATED  WIRING  ESSENTIAL FOR MEDIA PURPOSES SHALL BE SUPPLIED BY THOSE
    9  PERSONS PROVIDING  AUDIO-VISUAL  COVERAGE.  ANY  MICROPHONES  AND  SOUND
   10  WIRING  SHALL  BE  UNOBTRUSIVE  AND  LOCATED IN PLACES DESIGNATED BY THE
   11  PRESIDING TRIAL JUDGE.
   12    (IV) NOTWITHSTANDING THE PROVISIONS OF  SUBPARAGRAPHS  (I),  (II)  AND
   13  (III) OF THIS PARAGRAPH, THE PRESIDING TRIAL JUDGE MAY MODIFY HIS OR HER
   14  ORIGINAL ORDER TO INCREASE OR DECREASE THE AMOUNT OF EQUIPMENT THAT WILL
   15  BE  PERMITTED  INTO A COURTROOM ON A FINDING OF SPECIAL CIRCUMSTANCES SO
   16  LONG AS IT WILL NOT IMPAIR THE DIGNITY OF  THE  COURT  OR  THE  JUDICIAL
   17  PROCESS.
   18    (V)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBPARAGRAPHS (I), (II) AND
   19  (III) OF THIS PARAGRAPH, THE EQUIPMENT AUTHORIZED THEREIN SHALL  NOT  BE
   20  ADMITTED  INTO  A  COURT  PROCEEDING  UNLESS  ALL  PERSONS INTERESTED IN
   21  PROVIDING AUDIO-VISUAL COVERAGE OF SUCH PROCEEDINGS SHALL  HAVE  ENTERED
   22  INTO  POOLING  ARRANGEMENTS FOR THEIR RESPECTIVE GROUPS.  FURTHERMORE, A
   23  POOL OPERATOR FOR THE ELECTRONIC AND MOTION PICTURE  MEDIA  AND  A  POOL
   24  OPERATOR  FOR  THE STILL PHOTOGRAPHY MEDIA SHALL BE SELECTED, AND PROCE-
   25  DURES FOR COST SHARING AND DISSEMINATION OF AUDIO-VISUAL MATERIAL ESTAB-
   26  LISHED. THE COURT SHALL NOT BE CALLED UPON TO  MEDIATE  OR  RESOLVE  ANY
   27  DISPUTE AS TO SUCH ARRANGEMENTS. IN MAKING POOLING ARRANGEMENTS, CONSID-
   28  ERATION  SHALL BE GIVEN TO EDUCATIONAL USERS' NEEDS FOR FULL COVERAGE OF
   29  ENTIRE PROCEEDINGS.
   30    (B) SOUND AND LIGHT CRITERIA:
   31    (I) ONLY ELECTRONIC AND MOTION PICTURE CAMERAS,  AUDIO  EQUIPMENT  AND
   32  STILL  CAMERA  EQUIPMENT WHICH DO NOT PRODUCE DISTRACTING SOUND OR LIGHT
   33  SHALL BE EMPLOYED TO COVER JUDICIAL PROCEEDINGS. THE CHIEF ADMINISTRATOR
   34  OF THE COURTS SHALL PROMULGATE A LIST OF ACCEPTABLE EQUIPMENT MODELS.
   35    (II) NO MOTORIZED DRIVES SHALL BE PERMITTED,  AND  NO  MOVING  LIGHTS,
   36  FLASH  ATTACHMENTS, OR SUDDEN LIGHTING CHANGES SHALL BE PERMITTED DURING
   37  JUDICIAL PROCEEDINGS.
   38    (III) NO LIGHT OR SIGNAL VISIBLE  OR  AUDIBLE  TO  TRIAL  PARTICIPANTS
   39  SHALL  BE USED ON ANY EQUIPMENT DURING AUDIO-VISUAL COVERAGE TO INDICATE
   40  WHETHER IT IS OPERATING.
   41    (IV) IT SHALL BE THE AFFIRMATIVE DUTY OF ANY PERSON  DESIRING  TO  USE
   42  EQUIPMENT  OTHER  THAN  THAT  AUTHORIZED  BY  THE CHIEF ADMINISTRATOR TO
   43  DEMONSTRATE TO THE PRESIDING TRIAL JUDGE, ADEQUATELY IN ADVANCE  OF  ANY
   44  PROCEEDING,  THAT  THE  EQUIPMENT SOUGHT TO BE UTILIZED MEETS ACCEPTABLE
   45  SOUND AND LIGHT CRITERIA. A FAILURE TO OBTAIN ADVANCE JUDICIAL  APPROVAL
   46  FOR EQUIPMENT SHALL PRECLUDE ITS USE IN ANY PROCEEDING.
   47    (V)  WITH  THE  CONCURRENCE OF THE PRESIDING TRIAL JUDGE MODIFICATIONS
   48  AND ADDITIONS MAY BE MADE TO LIGHT SOURCES  EXISTING  IN  THE  FACILITY,
   49  PROVIDED SUCH MODIFICATIONS OR ADDITIONS ARE INSTALLED AND MAINTAINED AT
   50  THE  EXPENSE  OF  THE NEWS MEDIA WHO ARE PROVIDING AUDIO-VISUAL COVERAGE
   51  AND PROVIDED THEY ARE NOT DISTRACTING OR OTHERWISE OFFENSIVE.
   52    (C) LOCATION  OF  EQUIPMENT  AND  PERSONNEL.  CAMERAS,  EQUIPMENT  AND
   53  PERSONNEL  SHALL  BE POSITIONED IN LOCATIONS DESIGNATED BY THE PRESIDING
   54  TRIAL JUDGE.
   55    (I) ALL AUDIO-VISUAL COVERAGE OPERATORS SHALL ASSUME  THEIR  ASSIGNED,
   56  FIXED  POSITION  WITHIN THE DESIGNATED AREA AND ONCE ESTABLISHED IN SUCH
       S. 4658                             5
    1  POSITION, SHALL ACT IN A MANNER SO AS NOT TO  CALL  ATTENTION  TO  THEIR
    2  ACTIVITIES.
    3    (II) THE AREAS SO DESIGNATED SHALL PROVIDE REASONABLE ACCESS TO COVER-
    4  AGE  WITH THE LEAST POSSIBLE INTERFERENCE WITH COURT PROCEEDINGS. EQUIP-
    5  MENT THAT IS NOT NECESSARY FOR AUDIO-VISUAL  COVERAGE  FROM  INSIDE  THE
    6  COURTROOM SHALL BE LOCATED IN AN AREA OUTSIDE THE COURTROOM.
    7    (D)  MOVEMENT  OF EQUIPMENT DURING PROCEEDINGS. EQUIPMENT SHALL NOT BE
    8  PLACED IN, MOVED ABOUT  OR  REMOVED  FROM  THE  COURTROOM,  AND  RELATED
    9  PERSONNEL  SHALL NOT MOVE ABOUT THE COURTROOM, EXCEPT PRIOR TO COMMENCE-
   10  MENT OR AFTER ADJOURNMENT OF PROCEEDINGS EACH DAY, OR DURING  A  RECESS.
   11  CAMERA  FILM  AND  LENSES  SHALL  BE  CHANGED  ONLY  DURING  A RECESS IN
   12  PROCEEDINGS.
   13    7. RESTRICTIONS ON AUDIO-VISUAL COVERAGE. NOTWITHSTANDING THE  INITIAL
   14  APPROVAL OF A REQUEST FOR AUDIO-VISUAL COVERAGE OF ANY COURT PROCEEDING,
   15  THE  PRESIDING TRIAL JUDGE SHALL HAVE DISCRETION THROUGHOUT THE PROCEED-
   16  ING TO REVOKE SUCH APPROVAL OR LIMIT SUCH COVERAGE, AND MAY WHERE APPRO-
   17  PRIATE EXERCISE SUCH DISCRETION TO LIMIT, RESTRICT OR PROHIBIT AUDIO  OR
   18  VIDEO  BROADCAST  OR  PHOTOGRAPHY  OF  ANY PART OF THE PROCEEDING IN THE
   19  COURTROOM, OR OF THE NAME OR FEATURES OF ANY PARTICIPANT THEREIN. IN ANY
   20  CASE, AUDIO-VISUAL COVERAGE SHALL BE LIMITED AS FOLLOWS:
   21    (A) NO AUDIO PICKUP OR AUDIO BROADCAST OF CONFERENCES WHICH OCCUR IN A
   22  COURT FACILITY BETWEEN ATTORNEYS AND THEIR CLIENTS,  BETWEEN  CO-COUNSEL
   23  OF  A CLIENT, OR BETWEEN COUNSEL AND THE PRESIDING TRIAL JUDGE, SHALL BE
   24  PERMITTED WITHOUT THE PRIOR EXPRESS CONSENT OF ALL PARTICIPANTS  IN  THE
   25  CONFERENCE;
   26    (B)  NO CONFERENCE IN CHAMBERS SHALL BE SUBJECT TO AUDIO-VISUAL COVER-
   27  AGE;
   28    (C) NO AUDIO-VISUAL COVERAGE OF THE SELECTION OF THE PROSPECTIVE  JURY
   29  DURING VOIR DIRE SHALL BE PERMITTED;
   30    (D) NO AUDIO-VISUAL COVERAGE OF THE JURY, OR OF ANY JUROR OR ALTERNATE
   31  JUROR, WHILE IN THE JURY BOX, IN THE COURTROOM, IN THE JURY DELIBERATION
   32  ROOM  DURING  RECESS, OR WHILE GOING TO OR FROM THE DELIBERATION ROOM AT
   33  ANY TIME SHALL BE PERMITTED; PROVIDED, HOWEVER, THAT,  UPON  CONSENT  OF
   34  THE  FOREPERSON  OF A JURY, THE PRESIDING TRIAL JUDGE MAY, IN HIS OR HER
   35  DISCRETION, PERMIT  AUDIO  COVERAGE  OF  SUCH  FOREPERSON  DELIVERING  A
   36  VERDICT;
   37    (E) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
   38  PEACE  OR  POLICE  OFFICER  ACTED  IN A COVERT OR UNDERCOVER CAPACITY IN
   39  CONNECTION WITH THE INSTANT COURT PROCEEDING, WITHOUT THE PRIOR  WRITTEN
   40  CONSENT OF SUCH WITNESS;
   41    (F) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF A WITNESS, WHO AS A
   42  PEACE  OR  POLICE OFFICER IS CURRENTLY ENGAGED IN A COVERT OR UNDERCOVER
   43  CAPACITY, WITHOUT THE PRIOR WRITTEN CONSENT OF SUCH WITNESS;
   44    (G) NO AUDIO-VISUAL COVERAGE SHALL BE PERMITTED OF  THE  VICTIM  IN  A
   45  PROSECUTION  FOR  RAPE,  CRIMINAL  SEXUAL ACT, SEXUAL ABUSE OR OTHER SEX
   46  OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25 OF THE  PENAL
   47  LAW;  NOTWITHSTANDING THE INITIAL APPROVAL OF A REQUEST FOR AUDIO-VISUAL
   48  COVERAGE OF SUCH A PROCEEDING, THE  PRESIDING  TRIAL  JUDGE  SHALL  HAVE
   49  DISCRETION  THROUGHOUT  THE PROCEEDING TO LIMIT ANY COVERAGE WHICH WOULD
   50  IDENTIFY THE VICTIM, EXCEPT THAT SAID VICTIM CAN REQUEST OF THE  PRESID-
   51  ING  TRIAL  JUDGE  THAT AUDIO-VISUAL COVERAGE BE PERMITTED OF HIS OR HER
   52  TESTIMONY, OR IN THE ALTERNATIVE THE VICTIM CAN REQUEST THAT COVERAGE OF
   53  HIS OR HER TESTIMONY BE PERMITTED BUT THAT HIS OR  HER  IMAGE  SHALL  BE
   54  VISUALLY  OBSCURED  BY  THE NEWS MEDIA, AND THE PRESIDING TRIAL JUDGE IN
   55  HIS OR HER DISCRETION SHALL GRANT THE REQUEST  OF  THE  VICTIM  FOR  THE
   56  COVERAGE SPECIFIED;
       S. 4658                             6
    1    (H) NO AUDIO-VISUAL COVERAGE OF ANY ARRAIGNMENT OR SUPPRESSION HEARING
    2  SHALL  BE  PERMITTED  WITHOUT  THE  PRIOR  CONSENT OF ALL PARTIES TO THE
    3  PROCEEDING; PROVIDED, HOWEVER, WHERE A PARTY IS NOT YET  REPRESENTED  BY
    4  COUNSEL  CONSENT  MAY  NOT BE GIVEN UNLESS THE PARTY HAS BEEN ADVISED OF
    5  HIS  OR  HER RIGHT TO THE AID OF COUNSEL PURSUANT TO SUBDIVISION FOUR OF
    6  SECTION 170.10 OR SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW  AND  THE
    7  PARTY  HAS  AFFIRMATIVELY  ELECTED  TO  PROCEED  WITHOUT COUNSEL AT SUCH
    8  PROCEEDING;
    9    (I) NO JUDICIAL PROCEEDING SHALL BE SCHEDULED, DELAYED,  REENACTED  OR
   10  CONTINUED AT THE REQUEST OF, OR FOR THE CONVENIENCE OF THE NEWS MEDIA;
   11    (J)  NO AUDIO-VISUAL COVERAGE OF ANY PARTICIPANT SHALL BE PERMITTED IF
   12  THE PRESIDING TRIAL JUDGE FINDS THAT SUCH COVERAGE IS LIABLE TO ENDANGER
   13  THE SAFETY OF ANY PERSON;
   14    (K) NO AUDIO-VISUAL COVERAGE OF ANY JUDICIAL PROCEEDINGS WHICH ARE  BY
   15  LAW CLOSED TO THE PUBLIC, OR WHICH MAY BE CLOSED TO THE PUBLIC AND WHICH
   16  HAVE BEEN CLOSED BY THE PRESIDING TRIAL JUDGE SHALL BE PERMITTED; AND
   17    (L)  NO  AUDIO-VISUAL  COVERAGE SHALL BE PERMITTED WHICH FOCUSES ON OR
   18  FEATURES A FAMILY MEMBER OF A VICTIM OR A PARTY IN THE TRIAL OF A CRIMI-
   19  NAL CASE, EXCEPT WHILE SUCH FAMILY MEMBER  IS  TESTIFYING.  AUDIO-VISUAL
   20  COVERAGE  OPERATORS  SHALL  MAKE ALL REASONABLE EFFORTS TO DETERMINE THE
   21  IDENTITY OF SUCH PERSONS, SO THAT SUCH COVERAGE SHALL NOT OCCUR.
   22    8. VIOLATIONS. ANY VIOLATION OF AN ORDER OR DETERMINATION ISSUED UNDER
   23  THIS SECTION SHALL BE PUNISHABLE AS A CONTEMPT PURSUANT TO ARTICLE NINE-
   24  TEEN OF THIS CHAPTER.
   25    9. REVIEW COMMITTEE. (A) THERE SHALL BE CREATED A COMMITTEE TO  REVIEW
   26  AUDIO-VISUAL  COVERAGE OF COURT PROCEEDINGS. THE COMMITTEE SHALL CONSIST
   27  OF TWELVE MEMBERS OF WHOM:  THREE TO BE APPOINTED BY THE GOVERNOR, THREE
   28  TO BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS,  TWO  TO  BE
   29  APPOINTED  BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO TO BE APPOINTED
   30  BY THE SPEAKER OF THE ASSEMBLY, ONE TO  BE  APPOINTED  BY  THE  MINORITY
   31  LEADER  OF  THE SENATE AND ONE TO BE APPOINTED BY THE MINORITY LEADER OF
   32  THE ASSEMBLY. THE CHAIR OF THE COMMITTEE SHALL BE APPOINTED BY THE CHIEF
   33  JUDGE OF THE COURT OF APPEALS. AT LEAST ONE MEMBER OF THE COMMITTEE  AND
   34  NO  MORE  THAN TWO MEMBERS OF THE COMMITTEE SHALL BE A REPRESENTATIVE OF
   35  THE BROADCAST MEDIA, BE EMPLOYED  BY  THE  BROADCAST  MEDIA  OR  RECEIVE
   36  COMPENSATION  FROM  THE  BROADCAST  MEDIA.  AT  LEAST TWO MEMBERS OF THE
   37  COMMITTEE SHALL BE MEMBERS OF THE BAR, ENGAGED IN THE  PRACTICE  OF  LAW
   38  AND  REGULARLY  CONDUCT  TRIALS AND/OR APPELLATE ARGUMENTS; AND AT LEAST
   39  ONE MEMBER OF THE COMMITTEE SHALL BY PROFESSIONAL TRAINING AND EXPERTISE
   40  BE QUALIFIED TO EVALUATE AND ANALYZE RESEARCH  METHODOLOGY  RELEVANT  TO
   41  ANALYZING  THE  IMPACT  AND  EFFECT OF AUDIO-VISUAL COVERAGE OF JUDICIAL
   42  PROCEEDINGS. NO ONE WHO HAS SERVED ON AN EARLIER  COMMITTEE  ESTABLISHED
   43  BY  LAW  TO REVIEW AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS IN THIS
   44  STATE MAY BE APPOINTED TO SUCH COMMITTEE. NO MEMBER OR EMPLOYEE  OF  THE
   45  EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCHES OF THE STATE GOVERNMENT MAY
   46  BE APPOINTED TO SUCH COMMITTEE.
   47    (B)  THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION FOR
   48  THEIR SERVICES AS MEMBERS OF THE COMMITTEE,  EXCEPT  THAT  EACH  OF  THE
   49  NONPUBLIC  MEMBERS  OF  THE  COMMITTEE  MAY BE ALLOWED THE NECESSARY AND
   50  ACTUAL TRAVEL, MEALS AND LODGING EXPENSES WHICH HE OR SHE SHALL INCUR IN
   51  THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS  SECTION.  ANY  EXPENSES
   52  INCURRED  PURSUANT  TO THIS SECTION SHALL BE A CHARGE AGAINST THE OFFICE
   53  OF COURT ADMINISTRATION.
   54    (C) THE COMMITTEE SHALL HAVE THE POWER,  DUTY  AND  RESPONSIBILITY  TO
   55  EVALUATE, ANALYZE AND MONITOR THE PROVISIONS OF THIS SECTION. THE OFFICE
   56  OF  COURT ADMINISTRATION AND ALL PARTICIPANTS IN PROCEEDINGS WHERE AUDI-
       S. 4658                             7
    1  O-VISUAL COVERAGE WAS PERMITTED, INCLUDING JUDGES, ATTORNEYS AND JURORS,
    2  SHALL COOPERATE WITH THE COMMITTEE IN CONNECTION WITH THE REVIEW OF  THE
    3  IMPACT OF AUDIO-VISUAL COVERAGE ON SUCH PROCEEDINGS. THE COMMITTEE SHALL
    4  REQUEST PARTICIPATION AND ASSISTANCE FROM THE NEW YORK STATE BAR ASSOCI-
    5  ATION  AND OTHER BAR ASSOCIATIONS. THE COMMITTEE SHALL ISSUE A REPORT TO
    6  THE LEGISLATURE, THE GOVERNOR AND  THE  CHIEF  JUDGE  OF  THE  COURT  OF
    7  APPEALS  EVALUATING  THE  EFFICACY OF THE PROGRAM AND WHETHER ANY PUBLIC
    8  BENEFITS ACCRUE FROM THE PROGRAM, ANY ABUSES THAT  OCCURRED  DURING  THE
    9  PROGRAM  AND  THE EXTENT TO WHICH AND IN WHAT WAY THE CONDUCT OF PARTIC-
   10  IPANTS IN COURT PROCEEDINGS CHANGES WHEN AUDIO-VISUAL COVERAGE IS  PRES-
   11  ENT. THE COMMITTEE SHALL EXPRESSLY AND SPECIFICALLY ANALYZE AND EVALUATE
   12  THE  DEGREE  OF  COMPLIANCE  BY  TRIAL  JUDGES  AND  THE  MEDIA WITH THE
   13  PROVISIONS OF THIS SECTION AND THE EFFECT OF  AUDIO-VISUAL  COVERAGE  ON
   14  THE  CONDUCT OF TRIAL JUDGES BOTH INSIDE AND OUTSIDE THE COURTROOM. SUCH
   15  REPORT SHALL BE SUBMITTED TO THE LEGISLATURE, THE GOVERNOR AND THE CHIEF
   16  JUDGE OF THE COURT OF APPEALS  BY  JANUARY  THIRTY-FIRST,  TWO  THOUSAND
   17  SIXTEEN.
   18    10.  RULES  AND  REGULATIONS. THE CHIEF ADMINISTRATOR SHALL PROMULGATE
   19  APPROPRIATE  RULES  AND  REGULATIONS  FOR  THE  IMPLEMENTATION  OF   THE
   20  PROVISIONS OF THIS SECTION AFTER AFFORDING ALL INTERESTED PERSONS, AGEN-
   21  CIES AND INSTITUTIONS AN OPPORTUNITY TO REVIEW AND COMMENT THEREON. SUCH
   22  RULES  AND REGULATIONS SHALL INCLUDE PROVISIONS TO ENSURE THAT AUDIO-VI-
   23  SUAL COVERAGE OF TRIAL PROCEEDINGS SHALL NOT INTERFERE WITH THE  DECORUM
   24  AND DIGNITY OF COURTROOMS AND COURT FACILITIES.
   25    S 2. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law and shall expire and be
   27  deemed repealed 5 years after such effective date.