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Thursday, November 7, 2024

New York passes law enabling virtual criminal proceedings in Oswego County

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State Rep. William A. Barclay, District 120 | Official U.S. House headshot

State Rep. William A. Barclay, District 120 | Official U.S. House headshot

Assembly Minority Leader Will Barclay (R,C-Pulaski) today announced his bill, A.9836, has been signed by Governor Hochul, giving courts in Oswego County the ability to conduct criminal court proceedings by virtual means, rather than exclusively in person.

“I’m pleased the governor signed this bill and want to thank Sen. Walczyk’s office, Sheriff Hilton and the Oswego County Legislature for their partnership,” Leader Barclay said. “The benefits of giving county courts the option to conduct virtual proceedings are significant. The flexibility created by this new law will reduce the risks to law enforcement professionals by eliminating the need to transport defendants. For court systems that often face staffing challenges, this new law will help save time, resources and taxpayer dollars.”

Oswego County Sheriff Don Hilton said, “The demands of having to produce a defendant in person are high – especially given the size of our county, the various local and superior courts they are required to appear at and our own ongoing staff shortages. Allowing incarcerated individuals to appear virtually, when appropriate, will go a long way toward helping reduce the burden on our office and enhancing overall public safety.”

The practice of conducting court proceedings by video was useful during the COVID-19 pandemic when social distancing was used as an emergency health protocol in communities across New York. The new law amends section 182.20 of Criminal Procedure Law to include Oswego County as one of 45 counties in the state that allow defendants to appear via virtual methods when certain conditions are met.

Oswego County Legislature Chairman James Weatherup said, “The Oswego County Legislature started this process in May by passing a Home Rule resolution to show its support of the proposed bill, and we’re gratified to learn that the governor has now signed it into law. Being able to use video appearances in certain circumstances will not only help improve the efficiency of some of our departments in relation to state and local court processes but it will also help save taxpayer dollars – always a priority for the Legislature.”

“The savings benefits of utilizing video appearances where possible are many and varied,” said Oswego County District Attorney Anthony J. DiMartino. “They include protecting officers transporting defendants to and from court appearances and improving efficiency for those within the court system, district attorneys and defense attorneys.”

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