New York S 1471: Permits an insurer to rescind or retroactively cancel a policy in circumstance involving an accident staged to defraud an insurer

Bill Text

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S01471 Summary:

BILL NOS01471 

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SAME ASSAME AS A03219

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SPONSORSTEC

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COSPNSRBORRELLO, MATTERA, OBERACKER, ORTT, PALUMBO, TEDISCO

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MLTSPNSR

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Amd §§182.20 & 182.30, CP L; amd §2, Chap 689 of 1993

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Authorizes electronic court appearances for criminal matters, excluding jury trials, in all counties in the state; authorizes electronic appearances for criminal matters where the court determines a personal appearance would be impractical, unsafe or excessively burdensome; authorizes sentencing to a period of incarceration to be conducted via electronic appearance for defendants who are already incarcerated.

Go to top S01471 Actions:

BILL NOS01471 

&nbsp

01/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01471 Committee&nbspVotes:

Go to topS01471 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01471 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1471

 2025-2026 Regular Sessions

 IN SENATE

 January 10, 2025
 ___________

 Introduced by Sens. STEC, BORRELLO, MATTERA, OBERACKER, ORTT, PALUMBO,
 TEDISCO -- read twice and ordered printed, and when printed to be
 committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to authorizing
 certain electronic court appearances; and to amend chapter 689 of the
 laws of 1993, amending the criminal procedure law relating to elec-
 tronic court appearance in certain counties, in relation to the effec-
 tiveness thereof

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 182.20 of the criminal procedure
 2 law, as separately amended by chapters 232, 279, and 285 of the laws of
 3 2024, is amended and a new subdivision 5 is added to read as follows:
 4 1. Notwithstanding any other provision of law and except as provided
 5 in section 182.30 of this article, the court, in its discretion, may
 6 dispense with the personal appearance of the defendant, except an
 7 appearance at a [hearing or] jury trial, and conduct an electronic
 8 appearance in connection with a criminal action pending in [Albany,
 9 Bronx, Broome, Erie, Jefferson, Kings, Monroe, New York, Niagara, Onei-
 10 da, Onondaga, Ontario, Orange, Orleans, Oswego, Putnam, Queens, Rich-
 11 mond, Rockland, Saratoga, St. Lawrence, Seneca, Steuben, Tompkins, Chau-
 12 tauqua, Cattaraugus, Clinton, Essex, Montgomery, Rensselaer, Sullivan,
 13 Warren, Westchester, Suffolk, Herkimer, Franklin, Chemung, Schuyler,
 14 Yates, Delaware, Otsego or Schoharie] any county within the state,
 15 provided that the chief administrator of the courts has authorized the
 16 use of electronic appearance and the defendant, after consultation with
 17 counsel, consents on the record. Such consent shall be required at the
 18 commencement of each electronic appearance to such electronic appear-
 19 ance.
 20 5. Where the court determines on its own motion, or on the motion of
 21 any party, that the personal appearance by any party, including the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04526-01-5

 S. 1471 2

 1 defendant, would be impractical, unsafe or excessively burdensome, the
 2 court may conduct virtual appearances without the consent of the
 3 parties. The provisions of this subdivision shall not apply for hear-
 4 ings or trials.
 5 § 2. Section 182.30 of the criminal procedure law, as added by chapter
 6 689 of the laws of 1993, is amended to read as follows:
 7 § 182.30 Electronic appearance; conditions and limitations.
 8 The following conditions and limitations apply to all electronic
 9 appearances:
 10 1. [The defendant may not enter a plea of guilty to, or be sentenced
 11 upon a conviction of, a felony] The defendant may not be sentenced to a
 12 period of incarceration, unless such defendant is already incarcerated
 13 in a county correctional facility or a correctional facility operated by
 14 the department of corrections and community supervision.
 15 2. The defendant may not enter a plea of not responsible by reason of
 16 mental disease or defect.
 17 3. The defendant may not be committed to the state department of