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Assembly authorizes audiovisual preliminary hearings to avoid indefinite custody during COVID‑19, with witness protections discussed
Summary
The Assembly passed a temporary change to permit audiovisual preliminary hearings in felony complaints while the COVID‑19 disaster emergency limits in‑person grand juries, with debate focusing on victims' protections and protective orders. Ayes 108, Noes 35.
The Assembly advanced legislation to permit courts to conduct audiovisual preliminary hearings in felony complaints where in‑person proceedings would pose an unreasonable hardship because of the COVID‑19 disaster emergency. The sponsor (Mister Lentol) said the change is a short‑term fix to ensure due process for persons in custody while grand juries and full in‑person hearings are curtailed.
Prosecutors and several members flagged concerns about victim‑sensitive cases (for example, child sexual‑abuse victims and undercover officers) and urged clear protective‑order language so witnesses are not forced into cross‑examination in settings that could reveal identities or put them at risk. The sponsor and colleagues said protective orders, voice‑distortion and other safeguards would be available and that the bill includes provisions for recorded or stenographic transcripts.
Supporters argued the amendment is necessary to avoid indefinite pre‑trial custody and protect criminal defendants' rights; opponents urged careful implementation. The Assembly passed the bill (Aye 108, No 35). The measure contains sunset language tied to the emergency period and a chapter amendment was discussed to clarify protective‑order authority.
