Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2017-2018 state fiscal year; modifies to extend various criminal justice and public safety programs that would otherwise sunset (Part A); relates to the meaning of significant programmatic accomplishment (Part E); relates to the establishment of a hate crime task force (Part F); relates to expanding eligibility for awards to victims of certain crimes not resulting in physical injury (Part G); relates to the reimbursement for loss of savings of a vulnerable elderly person or an incompetent or physically disabled person (Part H); relates to additional duties of the commissioner of general services regarding flood related losses (Part I); extends the expiration, until June 30, 2019, of certain provisions of the public buildings law relating to value limitations on contracts (Part L); relates to the translation of orders of protection and temporary orders of protection (Part BB); relates to the operation and administration of the legislature (Part CC); relates to increasing the number of authorized land banks to 25 (Part DD); relates to real property tax exemption of certain properties located in the village of Spring Valley (Part EE); relates to the approval of demonstrations and tests for motor vehicles equipped with autonomous vehicle technology (Part FF); relates to allocation of three million dollars of assessments from the city of New York to the general fund (Part GG).
STATE OF NEW YORK
________________________________________________________________________
S. 2005--C A. 3005--C
SENATE - ASSEMBLY
January 23, 2017
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend chapter 887 of the laws of 1983, amending the correction
law relating to the psychological testing of candidates, in relation
to the effectiveness thereof; to amend chapter 428 of the laws of
1999, amending the executive law and the criminal procedure law relat-
ing to expanding the geographic area of employment of certain police
officers, in relation to extending the expiration of such chapter; to
amend chapter 886 of the laws of 1972, amending the correction law and
the penal law relating to prisoner furloughs in certain cases and the
crime of absconding therefrom, in relation to the effectiveness there-
of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in
relation to the effectiveness thereof; to amend chapter 339 of the
laws of 1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation to the effec-
tiveness thereof; to amend chapter 60 of the laws of 1994 relating to
certain provisions which impact upon expenditure of certain appropri-
ations made by chapter 50 of the laws of 1994 enacting the state oper-
ations budget, in relation to the effectiveness thereof; to amend
chapter 3 of the laws of 1995, amending the correction law and other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12570-05-7
S. 2005--C 2 A. 3005--C
laws relating to the incarceration fee, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 62
of the laws of 2011, amending the correction law and the executive
law, relating to merging the department of correctional services and
division of parole into the department of corrections and community
supervision, in relation to the effectiveness thereof; to amend chap-
ter 55 of the laws of 1992, amending the tax law and other laws relat-
ing to taxes, surcharges, fees and funding, in relation to extending
the expiration of certain provisions of such chapter; to amend chapter
907 of the laws of 1984, amending the correction law, the New York
city criminal court act and the executive law relating to prison and
jail housing and alternatives to detention and incarceration programs,
in relation to extending the expiration of certain provisions of such
chapter; to amend chapter 166 of the laws of 1991, amending the tax
law and other laws relating to taxes, in relation to extending the
expiration of certain provisions of such chapter; to amend the vehicle
and traffic law, in relation to extending the expiration of the manda-
tory surcharge and victim assistance fee; to amend chapter 713 of the
laws of 1988, amending the vehicle and traffic law relating to the
ignition interlock device program, in relation to extending the expi-
ration thereof; to amend chapter 435 of the laws of 1997, amending the
military law and other laws relating to various provisions, in
relation to extending the expiration date of the merit provisions of
the correction law and the penal law of such chapter; to amend chapter
412 of the laws of 1999, amending the civil practice law and rules and
the court of claims act relating to prisoner litigation reform, in
relation to extending the expiration of the inmate filing fee
provisions of the civil practice law and rules and general filing fee
provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001 amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
S. 2005--C 3 A. 3005--C
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 503 of the laws of
2009 relating to the disposition of monies recovered by county
district attorneys before the filing of an accusatory instrument, in
relation to the effectiveness thereof (Part A); intentionally omitted
(Part B); intentionally omitted (Part C); intentionally omitted (Part
D); to amend the correction law, in relation to the meaning of signif-
icant programmatic accomplishment (Part E); to amend the executive
law, in relation to the establishment of a hate crime task force (Part
F); to amend the executive law, in relation to expanding eligibility
for awards to victims of certain crimes not resulting in physical
injury (Part G); to amend the executive law, in relation to the
reimbursement for loss of savings of a vulnerable elderly person or an
incompetent or physically disabled person (Part H); to amend the exec-
utive law, in relation to additional duties of the commissioner of
general services (Part I); intentionally omitted (Part J); inten-
tionally omitted (Part K); to amend chapter 674 of the laws of 1993
amending the public buildings law relating to value limitations on
contracts, in relation to extending the effectiveness thereof (Part
L); intentionally omitted (Part M); intentionally omitted (Part N);
intentionally omitted (Part O); intentionally omitted (Part P); inten-
tionally omitted (Part Q); intentionally omitted (Part R); inten-
tionally omitted (Part S); intentionally omitted (Part T); inten-
tionally omitted (Part U); intentionally omitted (Part V);
intentionally omitted (Part W); intentionally omitted (Part X); inten-
tionally omitted (Part Y); intentionally omitted (Part Z); inten-
tionally omitted (Part AA); to amend the judiciary law, the family
court act, the domestic relations law and the criminal procedure law,
in relation to the translation of orders of protection and temporary
orders of protection (Part BB); to amend chapter 141 of the laws of
1994, amending the legislative law and the state finance law relating
to the operation and administration of the legislature, in relation to
extending such provisions (Part CC); to amend the not-for-profit
corporation law, in relation to increasing the number of authorized
land banks in the state to 25 (Part DD); in relation to certain prop-
erties located in the village of Spring Valley (Part EE); regarding
motor vehicles equipped with autonomous vehicle technology; and
providing for the repeal of certain provisions upon expiration thereof
(Part FF); and to amend the vehicle and traffic law and the state
finance law, in relation to allocation of three million dollars of
assessments from the city of New York to the general fund; and provid-
ing for the repeal of such provisions upon expiration thereof (Part
GG)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2017-2018
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through GG. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
S. 2005--C 4 A. 3005--C
1 shall be deemed to mean and refer to the corresponding section of the
2 Part in which it is found. Section three of this act sets forth the
3 general effective date of this act.
4 PART A
5 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
6 correction law relating to the psychological testing of candidates, as
7 amended by section 1 of part B of chapter 55 of the laws of 2015, is
8 amended to read as follows:
9 § 2. This act shall take effect on the one hundred eightieth day after
10 it shall have become a law and shall remain in effect until September 1,
11 [2017] 2019.
12 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
13 tive law and the criminal procedure law relating to expanding the
14 geographic area of employment of certain police officers, as amended by
15 section 2 of part B of chapter 55 of the laws of 2015, is amended to
16 read as follows:
17 § 3. This act shall take effect on the first day of November next
18 succeeding the date on which it shall have become a law, and shall
19 remain in effect until the first day of September, [2017] 2019, when it
20 shall expire and be deemed repealed.
21 § 3. Section 3 of chapter 886 of the laws of 1972, amending the
22 correction law and the penal law relating to prisoner furloughs in
23 certain cases and the crime of absconding therefrom, as amended by
24 section 3 of part B of chapter 55 of the laws of 2015, is amended to
25 read as follows:
26 § 3. This act shall take effect 60 days after it shall have become a
27 law and shall remain in effect until September 1, [2017] 2019.
28 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
29 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
30 other chapters and laws relating to correctional facilities, as amended
31 by section 4 of part B of chapter 55 of the laws of 2015, is amended to
32 read as follows:
33 § 20. This act shall take effect immediately except that section thir-
34 teen of this act shall expire and be of no further force or effect on
35 and after September 1, [2017] 2019 and shall not apply to persons
36 committed to the custody of the department after such date, and provided
37 further that the commissioner of corrections and community supervision
38 shall report each January first and July first during such time as the
39 earned eligibility program is in effect, to the chairmen of the senate
40 crime victims, crime and correction committee, the senate codes commit-
41 tee, the assembly correction committee, and the assembly codes commit-
42 tee, the standards in effect for earned eligibility during the prior
43 six-month period, the number of inmates subject to the provisions of
44 earned eligibility, the number who actually received certificates of
45 earned eligibility during that period of time, the number of inmates
46 with certificates who are granted parole upon their first consideration
47 for parole, the number with certificates who are denied parole upon
48 their first consideration, and the number of individuals granted and
49 denied parole who did not have earned eligibility certificates.
50 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
51 amending the tax law and other laws relating to taxes, surcharges, fees
52 and funding, as amended by section 5 of part B of chapter 55 of the laws
53 of 2015, is amended to read as follows:
S. 2005--C 5 A. 3005--C
1 (q) the provisions of section two hundred eighty-four of this act
2 shall remain in effect until September 1, [2017] 2019 and be applicable
3 to all persons entering the program on or before August 31, [2017] 2019.
4 § 6. Section 10 of chapter 339 of the laws of 1972, amending the
5 correction law and the penal law relating to inmate work release,
6 furlough and leave, as amended by section 6 of part B of chapter 55 of
7 the laws of 2015, is amended to read as follows:
8 § 10. This act shall take effect 30 days after it shall have become a
9 law and shall remain in effect until September 1, [2017] 2019, and
10 provided further that the commissioner of correctional services shall
11 report each January first, and July first, to the chairman of the senate
12 crime victims, crime and correction committee, the senate codes commit-
13 tee, the assembly correction committee, and the assembly codes commit-
14 tee, the number of eligible inmates in each facility under the custody
15 and control of the commissioner who have applied for participation in
16 any program offered under the provisions of work release, furlough, or
17 leave, and the number of such inmates who have been approved for partic-
18 ipation.
19 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
20 relating to certain provisions which impact upon expenditure of certain
21 appropriations made by chapter 50 of the laws of 1994 enacting the state
22 operations budget, as amended by section 7 of part B of chapter 55 of
23 the laws of 2015, is amended to read as follows:
24 (c) sections forty-one and forty-two of this act shall expire Septem-
25 ber 1, [2017] 2019; provided, that the provisions of section forty-two
26 of this act shall apply to inmates entering the work release program on
27 or after such effective date; and
28 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
29 amending the correction law and other laws relating to the incarceration
30 fee, as amended by section 8 of part B of chapter 55 of the laws of
31 2015, is amended to read as follows:
32 h. Section fifty-two of this act shall be deemed to have been in full
33 force and effect on and after April 1, 1995; provided, however, that the
34 provisions of section 189 of the correction law, as amended by section
35 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
36 as amended by section fifty-six of this act, and section fifty-seven of
37 this act shall expire September 1, [2017] 2019, when upon such date the
38 amendments to the correction law and penal law made by sections fifty-
39 five and fifty-six of this act shall revert to and be read as if the
40 provisions of this act had not been enacted; provided, however, that
41 sections sixty-two, sixty-three and sixty-four of this act shall be
42 deemed to have been in full force and effect on and after March 1, 1995
43 and shall be deemed repealed April 1, 1996 and upon such date the
44 provisions of subsection (e) of section 9110 of the insurance law and
45 subdivision 2 of section 89-d of the state finance law shall revert to
46 and be read as set out in law on the date immediately preceding the
47 effective date of sections sixty-two and sixty-three of this act;
48 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter
49 62 of the laws of 2011 amending the correction law and the executive
50 law, relating to merging the department of correctional services and
51 division of parole into the department of corrections and community
52 supervision, as amended by section 9 of part B of chapter 55 of the laws
53 of 2015, is amended to read as follows:
54 (c) that the amendments to subdivision 9 of section 201 of the
55 correction law as added by section thirty-two of this act shall remain
S. 2005--C 6 A. 3005--C
1 in effect until September 1, [2017] 2019, when it shall expire and be
2 deemed repealed;
3 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
4 1992, amending the tax law and other laws relating to taxes, surcharges,
5 fees and funding, as amended by section 10 of part B of chapter 55 of
6 the laws of 2015, is amended to read as follows:
7 (aa) the provisions of sections three hundred eighty-two, three
8 hundred eighty-three and three hundred eighty-four of this act shall
9 expire on September 1, [2017] 2019;
10 § 11. Section 12 of chapter 907 of the laws of 1984, amending the
11 correction law, the New York city criminal court act and the executive
12 law relating to prison and jail housing and alternatives to detention
13 and incarceration programs, as amended by section 11 of part B of chap-
14 ter 55 of the laws of 2015, is amended to read as follows:
15 § 12. This act shall take effect immediately, except that the
16 provisions of sections one through ten of this act shall remain in full
17 force and effect until September 1, [2017] 2019 on which date those
18 provisions shall be deemed to be repealed.
19 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of
20 1991, amending the tax law and other laws relating to taxes, as amended
21 by section 12 of part B of chapter 55 of the laws of 2015, is amended to
22 read as follows:
23 (p) The amendments to section 1809 of the vehicle and traffic law made
24 by sections three hundred thirty-seven and three hundred thirty-eight of
25 this act shall not apply to any offense committed prior to such effec-
26 tive date; provided, further, that section three hundred forty-one of
27 this act shall take effect immediately and shall expire November 1, 1993
28 at which time it shall be deemed repealed; sections three hundred
29 forty-five and three hundred forty-six of this act shall take effect
30 July 1, 1991; sections three hundred fifty-five, three hundred fifty-
31 six, three hundred fifty-seven and three hundred fifty-nine of this act
32 shall take effect immediately and shall expire June 30, 1995 and shall
33 revert to and be read as if this act had not been enacted; section three
34 hundred fifty-eight of this act shall take effect immediately and shall
35 expire June 30, 1998 and shall revert to and be read as if this act had
36 not been enacted; section three hundred sixty-four through three hundred
37 sixty-seven of this act shall apply to claims filed on or after such
38 effective date; sections three hundred sixty-nine, three hundred seven-
39 ty-two, three hundred seventy-three, three hundred seventy-four, three
40 hundred seventy-five and three hundred seventy-six of this act shall
41 remain in effect until September 1, [2017] 2019, at which time they
42 shall be deemed repealed; provided, however, that the mandatory
43 surcharge provided in section three hundred seventy-four of this act
44 shall apply to parking violations occurring on or after said effective
45 date; and provided further that the amendments made to section 235 of
46 the vehicle and traffic law by section three hundred seventy-two of this
47 act, the amendments made to section 1809 of the vehicle and traffic law
48 by sections three hundred thirty-seven and three hundred thirty-eight of
49 this act and the amendments made to section 215-a of the labor law by
50 section three hundred seventy-five of this act shall expire on September
51 1, [2017] 2019 and upon such date the provisions of such subdivisions
52 and sections shall revert to and be read as if the provisions of this
53 act had not been enacted; the amendments to subdivisions 2 and 3 of
54 section 400.05 of the penal law made by sections three hundred seventy-
55 seven and three hundred seventy-eight of this act shall expire on July
56 1, 1992 and upon such date the provisions of such subdivisions shall
S. 2005--C 7 A. 3005--C
1 revert and shall be read as if the provisions of this act had not been
2 enacted; the state board of law examiners shall take such action as is
3 necessary to assure that all applicants for examination for admission to
4 practice as an attorney and counsellor at law shall pay the increased
5 examination fee provided for by the amendment made to section 465 of the
6 judiciary law by section three hundred eighty of this act for any exam-
7 ination given on or after the effective date of this act notwithstanding
8 that an applicant for such examination may have prepaid a lesser fee for
9 such examination as required by the provisions of such section 465 as of
10 the date prior to the effective date of this act; the provisions of
11 section 306-a of the civil practice law and rules as added by section
12 three hundred eighty-one of this act shall apply to all actions pending
13 on or commenced on or after September 1, 1991, provided, however, that
14 for the purposes of this section service of such summons made prior to
15 such date shall be deemed to have been completed on September 1, 1991;
16 the provisions of section three hundred eighty-three of this act shall
17 apply to all money deposited in connection with a cash bail or a
18 partially secured bail bond on or after such effective date; and the
19 provisions of sections three hundred eighty-four and three hundred
20 eighty-five of this act shall apply only to jury service commenced
21 during a judicial term beginning on or after the effective date of this
22 act; provided, however, that nothing contained herein shall be deemed to
23 affect the application, qualification, expiration or repeal of any
24 provision of law amended by any section of this act and such provisions
25 shall be applied or qualified or shall expire or be deemed repealed in
26 the same manner, to the same extent and on the same date as the case may
27 be as otherwise provided by law;
28 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
29 amended by section 13 of part B of chapter 55 of the laws of 2015, is
30 amended to read as follows:
31 8. The provisions of this section shall only apply to offenses commit-
32 ted on or before September first, two thousand [seventeen] nineteen.
33 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
34 cle and traffic law relating to the ignition interlock device program,
35 as amended by section 14 of part B of chapter 55 of the laws of 2015, is
36 amended to read as follows:
37 § 6. This act shall take effect on the first day of April next
38 succeeding the date on which it shall have become a law; provided,
39 however, that effective immediately, the addition, amendment or repeal
40 of any rule or regulation necessary for the implementation of the fore-
41 going sections of this act on their effective date is authorized and
42 directed to be made and completed on or before such effective date and
43 shall remain in full force and effect until the first day of September,
44 [2017] 2019 when upon such date the provisions of this act shall be
45 deemed repealed.
46 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
47 laws of 1997, amending the military law and other laws relating to vari-
48 ous provisions, as amended by section 15 of part B of chapter 55 of the
49 laws of 2015, is amended to read as follows:
50 a. sections forty-three through forty-five of this act shall expire
51 and be deemed repealed on September 1, [2017] 2019;
52 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
53 the civil practice law and rules and the court of claims act relating to
54 prisoner litigation reform, as amended by section 16 of part B of chap-
55 ter 55 of the laws of 2015, is amended to read as follows:
S. 2005--C 8 A. 3005--C
1 § 4. This act shall take effect 120 days after it shall have become a
2 law and shall remain in full force and effect until September 1, [2017]
3 2019, when upon such date it shall expire.
4 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
5 constituting the family protection and domestic violence intervention
6 act of 1994, as amended by section 17 of part B of chapter 55 of the
7 laws of 2015, is amended to read as follows:
8 2. Subdivision 4 of section 140.10 of the criminal procedure law as
9 added by section thirty-two of this act shall take effect January 1,
10 1996 and shall expire and be deemed repealed on September 1, [2017]
11 2019.
12 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
13 inal procedure law relating to the use of closed-circuit television and
14 other protective measures for certain child witnesses, as amended by
15 section 18 of part B of chapter 55 of the laws of 2015, is amended to
16 read as follows:
17 § 5. This act shall take effect immediately and shall apply to all
18 criminal actions and proceedings commenced prior to the effective date
19 of this act but still pending on such date as well as all criminal
20 actions and proceedings commenced on or after such effective date and
21 its provisions shall expire on September 1, [2017] 2019, when upon such
22 date the provisions of this act shall be deemed repealed.
23 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
24 enacting the sentencing reform act of 1995, as amended by section 19 of
25 part B of chapter 55 of the laws of 2015, is amended to read as follows:
26 d. Sections one-a through twenty, twenty-four through twenty-eight,
27 thirty through thirty-nine, forty-two and forty-four of this act shall
28 be deemed repealed on September 1, [2017] 2019;
29 § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
30 nal procedure law relating to electronic court appearance in certain
31 counties, as amended by section 20 of part B of chapter 55 of the laws
32 of 2015, is amended to read as follows:
33 § 2. This act shall take effect immediately, except that the
34 provisions of this act shall be deemed to have been in full force and
35 effect since July 1, 1992 and the provisions of this act shall expire
36 September 1, [2017] 2019 when upon such date the provisions of this act
37 shall be deemed repealed.
38 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
39 utive law relating to enacting the interstate compact for adult offender
40 supervision, as amended by section 21 of part B of chapter 55 of the
41 laws of 2015, is amended to read as follows:
42 § 3. This act shall take effect immediately, except that section one
43 of this act shall take effect on the first of January next succeeding
44 the date on which it shall have become a law, and shall remain in effect
45 until the first of September, [2017] 2019, upon which date this act
46 shall be deemed repealed and have no further force and effect; provided
47 that section one of this act shall only take effect with respect to any
48 compacting state which has enacted an interstate compact entitled
49 "Interstate compact for adult offender supervision" and having an iden-
50 tical effect to that added by section one of this act and provided
51 further that with respect to any such compacting state, upon the effec-
52 tive date of section one of this act, section 259-m of the executive law
53 is hereby deemed REPEALED and section 259-mm of the executive law, as
54 added by section one of this act, shall take effect; and provided
55 further that with respect to any state which has not enacted an inter-
56 state compact entitled "Interstate compact for adult offender super-
S. 2005--C 9 A. 3005--C
1 vision" and having an identical effect to that added by section one of
2 this act, section 259-m of the executive law shall take effect and the
3 provisions of section one of this act, with respect to any such state,
4 shall have no force or effect until such time as such state shall adopt
5 an interstate compact entitled "Interstate compact for adult offender
6 supervision" and having an identical effect to that added by section one
7 of this act in which case, with respect to such state, effective imme-
8 diately, section 259-m of the executive law is deemed repealed and
9 section 259-mm of the executive law, as added by section one of this
10 act, shall take effect.
11 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
12 the correction law relating to limiting the closing of certain correc-
13 tional facilities, providing for the custody by the department of
14 correctional services of inmates serving definite sentences, providing
15 for custody of federal prisoners and requiring the closing of certain
16 correctional facilities, as amended by section 22 of part B of chapter
17 55 of the laws of 2015, is amended to read as follows:
18 § 8. This act shall take effect immediately; provided, however that
19 sections five and six of this act shall expire and be deemed repealed
20 September 1, [2017] 2019.
21 § 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
22 the military law relating to military funds of the organized militia, as
23 amended by section 23 of part B of chapter 55 of the laws of 2015, is
24 amended to read as follows:
25 § 3. This act shall take effect on the same date as the reversion of
26 subdivision 5 of section 183 and subdivision 1 of section 221 of the
27 military law as provided by section 76 of chapter 435 of the laws of
28 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
29 standing this act shall be deemed to have been in full force and effect
30 on and after July 31, 2005 and shall remain in full force and effect
31 until September 1, [2017] 2019 when upon such date this act shall
32 expire.
33 § 24. Section 5 of chapter 554 of the laws of 1986, amending the
34 correction law and the penal law relating to providing for community
35 treatment facilities and establishing the crime of absconding from the
36 community treatment facility, as amended by section 24 of part B of
37 chapter 55 of the laws of 2015, is amended to read as follows:
38 § 5. This act shall take effect immediately and shall remain in full
39 force and effect until September 1, [2017] 2019, and provided further
40 that the commissioner of correctional services shall report each January
41 first and July first during such time as this legislation is in effect,
42 to the chairmen of the senate crime victims, crime and correction
43 committee, the senate codes committee, the assembly correction commit-
44 tee, and the assembly codes committee, the number of individuals who are
45 released to community treatment facilities during the previous six-month
46 period, including the total number for each date at each facility who
47 are not residing within the facility, but who are required to report to
48 the facility on a daily or less frequent basis.
49 § 25. Sections 1 and 2 of part H of chapter 503 of the laws of 2009
50 relating to the disposition of monies recovered by county district
51 attorneys before the filing of an accusatory instrument, section 1 as
52 amended by section 25 of part B of chapter 55 of the laws of 2015 and
53 section 2 as amended by section 1 of part B of chapter 57 of the laws of
54 2016, is amended to read as follows:
55 Section 1. When a county district attorney of a county located in a
56 city of one million or more recovers monies before the filing of an
S. 2005--C 10 A. 3005--C
1 accusatory instrument as defined in subdivision 1 of section 1.20 of the
2 criminal procedure law, after injured parties have been appropriately
3 compensated, the district attorney's office shall retain a percentage of
4 the remaining such monies in recognition that such monies were recovered
5 as a result of investigations undertaken by such office. For each recov-
6 ery the total amount of such monies to be retained by the county
7 district attorney's office shall equal ten percent of the first twenty-
8 five million dollars received by such office, plus seven and one-half
9 percent of such monies received by such office in excess of twenty-five
10 million dollars but less than fifty million dollars, plus five percent
11 of any such monies received by such office in excess of fifty million
12 dollars but less than one hundred million dollars, plus one percent of
13 such monies received by such office in excess of one hundred million
14 dollars. The remainder of such monies shall be paid by the district
15 attorney's office to the state and to the county in equal amounts within
16 thirty days of receipt, where disposition of such monies is not other-
17 wise prescribed by law. Monies distributed to a county district attor-
18 ney's office pursuant to this section shall be used to enhance law
19 enforcement efforts within the state of New York. Beginning on December
20 1, [2015] 2017, and on each December 1 thereafter, every district attor-
21 ney shall provide the governor, temporary president of the senate and
22 speaker of the assembly with an annual report detailing the total amount
23 of monies received as described herein by his or her office and a
24 description of how and where such funds were distributed by his or her
25 office but shall not include a description of the distribution of monies
26 where the disclosure of such information would interfere with a law
27 enforcement investigation or a judicial proceeding. The report shall
28 include a detailed description of any entity to which funds are distrib-
29 uted, including but not limited to, whether it is a profit or not-for-
30 profit entity, where it is located, and the intended use of the monies
31 distributed, and shall state the law enforcement purpose.
32 § 2. This act shall take effect immediately and shall remain in full
33 force and effect until March 31, [2017] 2018, when it shall expire and
34 be deemed repealed.
35 § 26. This act shall take effect immediately, provided however that
36 section twenty-five of this act shall be deemed to have been in full
37 force and effect on and after March 31, 2017; provided, further, that
38 the amendments to section 1 of part H of chapter 503 of the laws of 2009
39 made by section twenty-five of this act shall not affect the repeal of
40 such section and shall be deemed repealed therewith.
41 PART B
42 Intentionally Omitted
43 PART C
44 Intentionally Omitted
45 PART D
46 Intentionally Omitted
47 PART E
S. 2005--C 11 A. 3005--C
1 Section 1. Paragraph (c) of subdivision 1 of section 803-b of the
2 correction law, as amended by chapter 412 of the laws of 2010, is
3 amended to read as follows:
4 (c) "significant programmatic accomplishment" means that the inmate:
5 (i) participates in no less than two years of college programming; or
6 (ii) obtains a masters of professional studies degree; or
7 (iii) successfully participates as an inmate program associate for no
8 less than two years; or
9 (iv) receives a certification from the state department of labor for
10 his or her successful participation in an apprenticeship program; or
11 (v) successfully works as an inmate hospice aid for a period of no
12 less than two years; or
13 (vi) successfully works in the division of correctional industries'
14 optical program for no less than two years and receives a certification
15 as an optician from the American board of opticianry; or
16 (vii) receives an asbestos handling certificate from the department of
17 labor upon successful completion of the training program and then works
18 in the division of correctional industries' asbestos abatement program
19 as a hazardous materials removal worker or group leader for no less than
20 eighteen months; or
21 (viii) successfully completes the course curriculum and passes the
22 minimum competency screening process performance examination for sign
23 language interpreter, and then works as a sign language interpreter for
24 deaf inmates for no less than one year; or
25 (ix) successfully works in the puppies behind bars program for a peri-
26 od of no less than two years; or
27 (x) successfully participates in a vocational culinary arts program
28 for a period of no less than two years and earns a servsafe certificate
29 that is recognized by the national restaurant association; or
30 (xi) successfully completes the four hundred ninety hour training
31 program while assigned to a department of motor vehicles call center,
32 and continues to work at such call center for an additional twenty-one
33 months; or
34 (xii) receives a certificate from the food production center in an
35 assigned position following the completion of no less than eight hundred
36 hours of work in such position, and continues to work for an additional
37 eighteen months at the food production center.
38 § 2. This act shall take effect April 1, 2017.
39 PART F
40 Section 1. Subdivision 2 of section 216 of the executive law is renum-
41 bered subdivision 3 and a new subdivision 2 is added to read as follows:
42 2. (a) There shall be within the bureau of criminal investigation a
43 hate crime task force. The superintendent shall assign to it such
44 personnel as may be required for the purpose of preventing, investigat-
45 ing, and detecting hate crimes as defined in article four hundred eight-
46 y-five and sections 240.30 and 240.31 of the penal law. When at all
47 possible, the task force members shall assist and support other law
48 enforcement agencies in preventing, investigating, and detecting
49 offenses committed due to a perception or belief regarding the race,
50 color, national origin, ancestry, gender, religion, religious practice,
51 age, disability or sexual orientation of a person.
52 (b) The task force shall issue reports and publications, in conjunc-
53 tion with the division of human rights and the division of criminal
54 justice services, in order to inform persons of all available rights and
S. 2005--C 12 A. 3005--C
1 remedies under the penal law as referenced in paragraph (a) of this
2 subdivision, as well as prohibitions against discrimination because of
3 age, race, creed, color, national origin, sexual orientation, military
4 status, sex, disability, familial status, domestic violence victim
5 status, genetic predisposition status, or marital status as those terms
6 are defined by article fifteen of this chapter.
7 (c) The first report issued by the hate crimes task force, as required
8 by paragraph (b) of this subdivision, shall be issued within ninety days
9 of the effective date of this subdivision. Subsequent reports shall be
10 issued annually thereafter.
11 § 2. This act shall take effect immediately.
12 PART G
13 Section 1. Subdivisions 11 and 12 of section 631 of the executive law,
14 subdivision 11 as added by chapter 543 of the laws of 1995 and subdivi-
15 sion 12 as amended by chapter 188 of the laws of 2014, are amended to
16 read as follows:
17 11. Notwithstanding the provisions of subdivisions one, two and three
18 of this section, an individual who was a victim of either the crime of:
19 menacing in the second degree as defined in subdivision one of section
20 120.14 of the penal law; menacing in the third degree as defined in
21 section 120.15 of the penal law; unlawful imprisonment in the first
22 degree as defined in section 135.10 of the penal law[,]; kidnapping in
23 the second degree as defined in section 135.20 of the penal law [or];
24 kidnapping in the first degree as defined in section 135.25 of the penal
25 law; criminal mischief in the fourth degree as defined in subdivision
26 four of section 145.00 of the penal law; robbery in the third degree as
27 defined in section 160.05 of the penal law; robbery in the second degree
28 as defined in subdivision one, paragraph b of subdivision two or subdi-
29 vision three of section 160.10 of the penal law; or robbery in the first
30 degree as defined in subdivisions two, three and four of section 160.15
31 of the penal law who has not been physically injured as a direct result
32 of such crime shall only be eligible for an award that includes loss of
33 earnings [or support] and the unreimbursed costs of counseling provided
34 to such victim on account of mental or emotional stress resulting from
35 the incident in which the crime occurred.
36 12. Notwithstanding the provisions of subdivisions one, two and three
37 of this section, an individual who was a victim of either the crime of
38 menacing in the second degree as defined in subdivision two or three of
39 section 120.14 of the penal law, menacing in the first degree as defined
40 in section 120.13 of the penal law, criminal obstruction of breathing or
41 blood circulation as defined in section 121.11 of the penal law, harass-
42 ment in the second degree as defined in [subdivision two or three of]
43 section 240.26 of the penal law, harassment in the first degree as
44 defined in section 240.25 of the penal law, aggravated harassment in the
45 second degree as defined in subdivision three or five of section 240.30
46 of the penal law, aggravated harassment in the first degree as defined
47 in subdivision two of section 240.31 of the penal law, criminal contempt
48 in the first degree as defined in [paragraph (ii) or (iv) of] subdivi-
49 sion (b) or subdivision (c) of section 215.51 of the penal law, or
50 stalking in the fourth, third, second or first degree as defined in
51 sections 120.45, 120.50, 120.55 and 120.60 of the penal law, respective-
52 ly, or a hate crime as defined in section 485.05 of the penal law who
53 has not been physically injured as a direct result of such crime shall
54 only be eligible for an award that includes loss of earning or support,
S. 2005--C 13 A. 3005--C
1 the unreimbursed cost of repair or replacement of essential personal
2 property that has been lost, damaged or destroyed as a direct result of
3 such crime, the unreimbursed cost for security devices to enhance the
4 personal protection of such victim, transportation expenses incurred for
5 necessary court [expenses] appearances in connection with the prose-
6 cution of such crime, the unreimbursed costs of counseling provided to
7 such victim on account of mental or emotional stress resulting from the
8 incident in which the crime occurred, the unreimbursed cost of securing
9 a crime scene, reasonable relocation expenses, and for occupational or
10 job training.
11 § 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become law, and apply to all claims filed on or after such
13 effective date.
14 PART H
15 Section 1. Subdivision 5 of section 621 of the executive law, as
16 amended by chapter 74 of the laws of 2007, is amended to read as
17 follows:
18 5. "Victim" shall mean (a) a person who suffers personal physical
19 injury as a direct result of a crime; (b) a person who is the victim of
20 either the crime of (1) unlawful imprisonment in the first degree as
21 defined in section 135.10 of the penal law, (2) kidnapping in the second
22 degree as defined in section 135.20 of the penal law, (3) kidnapping in
23 the first degree as defined in section 135.25 of the penal law, (4)
24 menacing in the first degree as defined in section 120.13 of the penal
25 law, (5) criminal obstruction of breathing or blood circulation as
26 defined in section 121.11 of the penal law, (6) harassment in the second
27 degree as defined in section 240.26 of the penal law, (7) harassment in
28 the first degree as defined in section 240.25 of the penal law, (8)
29 aggravated harassment in the second degree as defined in subdivision
30 three or five of section 240.30 of the penal law, (9) aggravated harass-
31 ment in the first degree as defined in subdivision two of section 240.31
32 of the penal law, (10) criminal contempt in the first degree as defined
33 in subdivision (b) or subdivision (c) of section 215.51 of the penal
34 law, (11) stalking in the fourth, third, second or first degree as
35 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
36 (12) labor trafficking as defined in section 135.35 of the penal law, or
37 [(5)] (13) sex trafficking as defined in section 230.34 of the penal
38 law; a vulnerable elderly person or an incompetent or physically disa-
39 bled person as defined in section 260.31 of the penal law who incurs a
40 loss of savings as defined in subdivision twenty-four of this section;
41 or a person who has had a frivolous lawsuit filed against them.
42 § 2. Section 621 of the executive law is amended by adding a new
43 subdivision 24 to read as follows:
44 24. "Loss of savings" shall mean the result of any act or series of
45 acts of larceny as defined in article one hundred fifty-five of the
46 penal law, indicated by a criminal justice agency as defined in subdivi-
47 sion one of section six hundred thirty-one of this article, in which
48 cash is stolen from a vulnerable elderly person or an incompetent or
49 physically disabled person as defined in section 260.31 of the penal
50 law.
51 § 3. Subdivision 2 of section 631 of the executive law, as amended by
52 chapter 162 of the laws of 2008, is amended to read as follows:
53 2. Any award made pursuant to this article shall be in an amount not
54 exceeding out-of-pocket expenses, including indebtedness reasonably
S. 2005--C 14 A. 3005--C
1 incurred for medical or other services necessary as a result of the
2 injury upon which the claim is based; loss of earnings or support
3 resulting from such injury not to exceed thirty thousand dollars; loss
4 of savings not to exceed thirty thousand dollars; burial expenses not
5 exceeding six thousand dollars of a victim who died as a direct result
6 of a crime; the costs of crime scene cleanup and securing of a crime
7 scene not exceeding twenty-five hundred dollars; reasonable relocation
8 expenses not exceeding twenty-five hundred dollars; and the unreimbursed
9 cost of repair or replacement of articles of essential personal property
10 lost, damaged or destroyed as a direct result of the crime. An award for
11 loss of earnings shall include earnings lost by a parent or guardian as
12 a result of the hospitalization of a child victim under age eighteen for
13 injuries sustained as a direct result of a crime. In addition to the
14 medical or other services necessary as a result of the injury upon which
15 the claim is based, an award may be made for rehabilitative occupational
16 training for the purpose of job retraining or similar employment-orient-
17 ed rehabilitative services based upon the claimant's medical and employ-
18 ment history. For the purpose of this subdivision, rehabilitative occu-
19 pational training shall include but not be limited to educational
20 training and expenses. An award for rehabilitative occupational training
21 may be made to a victim, or to a family member of a victim where neces-
22 sary as a direct result of a crime.
23 § 4. Section 631 of the executive law is amended by adding a new
24 subdivision 3-a to read as follows:
25 3-a. Any award made for loss of savings shall, unless reduced pursuant
26 to other provisions of this article, be in an amount equal to the actual
27 loss sustained.
28 § 5. Subdivision 5 of section 631 of the executive law is amended by
29 adding a new paragraph (f) to read as follows:
30 (f) Notwithstanding the provisions of paragraph (a) of this subdivi-
31 sion, the office shall disregard for this purpose the responsibility of
32 the victim for his or her own loss of savings.
33 § 6. Section 631 of the executive law is amended by adding a new
34 subdivision 8-a to read as follows:
35 8-a. Notwithstanding the provisions of subdivision one of this
36 section, a vulnerable elderly person or an incompetent or physically
37 disabled person, as defined in section 260.31 of the penal law, who has
38 not been physically injured as a direct result of a crime, shall be
39 eligible for an award that includes loss of savings.
40 § 7. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law, and shall apply to all claims filed on or
42 after such effective date.
43 PART I
44 Section 1. The executive law is amended by adding a new section 203-a
45 to read as follows:
46 § 203-a. Additional duties of the commissioner regarding flood related
47 losses. In accordance with 44 CFR 75.11 of the code of federal regu-
48 lations, in the event that state-owned structures and their contents are
49 damaged as the result of flood related losses, flood, and/or flood
50 related hazards occurring in areas identified by the federal insurance
51 administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO,
52 AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of
53 general services shall pay an amount not less than the limits of cover-
54 age that would be applicable if such state-owned structures and their
S. 2005--C 15 A. 3005--C
1 contents had been covered by standard flood insurance policies, as
2 defined in 44 CFR 59.1, for the repair, restoration, or replacement of
3 such state-owned structures and contents, and shall maintain and update,
4 not less frequently than annually, an inventory of all state-owned
5 structures and their contents within such zones.
6 § 2. This act shall take effect immediately.
7 PART J
8 Intentionally Omitted
9 PART K
10 Intentionally Omitted
11 PART L
12 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the
13 public buildings law relating to value limitations on contracts, as
14 amended by section 1 of part M of chapter 55 of the laws of 2015, is
15 amended to read as follows:
16 § 3. This act shall take effect immediately and shall remain in full
17 force and effect only until June 30, [2017] 2019.
18 § 2. This act shall take effect immediately.
19 PART M
20 Intentionally Omitted
21 PART N
22 Intentionally Omitted
23 PART O
24 Intentionally Omitted
25 PART P
26 Intentionally Omitted
27 PART Q
28 Intentionally Omitted
29 PART R
30 Intentionally Omitted
31 PART S
32 Intentionally Omitted
33 PART T
34 Intentionally Omitted
S. 2005--C 16 A. 3005--C
1 PART U
2 Intentionally Omitted
3 PART V
4 Intentionally Omitted
5 PART W
6 Intentionally Omitted
7 PART X
8 Intentionally Omitted
9 PART Y
10 Intentionally Omitted
11 PART Z
12 Intentionally Omitted
13 PART AA
14 Intentionally Omitted
15 PART BB
16 Section 1. Paragraph (t) of subdivision 2 of section 212 of the judi-
17 ciary law, as added by chapter 237 of the laws of 2015, is relettered
18 paragraph (u).
19 § 2. Paragraph (t) of subdivision 2 of section 212 of the judiciary
20 law, as added by chapter 367 of the laws of 2015, is relettered para-
21 graph (v) and two new paragraphs (t) and (t-1) are added to read as
22 follows:
23 (t) Make available translation services to all family and supreme
24 courts to assist in the translation of orders of protection and tempo-
25 rary orders of protection, as provided in this paragraph, where the
26 person protected by and/or the person subject to the order of protection
27 has limited English proficiency or has a limited ability to read
28 English:
29 (i) Translation services shall be made available to all family and
30 supreme courts in the ten languages most frequently used in the courts
31 of each judicial department in accordance with the schedule in subpara-
32 graph (ii) of this paragraph, and any additional languages that the
33 chief administrator of the courts deems appropriate;
34 (ii) (A) In three languages from among the ten most frequently used in
35 the courts of each judicial department, by January first, two thousand
36 eighteen;
37 (B) In three additional languages from among the ten most frequently
38 used in the courts of each judicial department, by June thirtieth, two
39 thousand nineteen; and
S. 2005--C 17 A. 3005--C
1 (C) In four additional languages from among the ten most frequently
2 used in the courts of each judicial department, by December thirty-
3 first, two thousand twenty; and
4 (iii) Upon issuance of an order of protection or temporary order of
5 protection, the court shall inquire of any person who is protected by it
6 or subject to it, who has made an appearance, whether translation
7 services are needed. The court shall advise the party or parties of the
8 availability of such translation services;
9 (iv) The authority provided by this paragraph shall be in addition to,
10 and shall not be deemed to diminish or reduce any rights of the parties
11 under existing law.
12 (t-1) Issue reports concerning the availability of translation
13 services where orders of protection and temporary orders of protection
14 are issued; special pilot programs. (i) The chief administrator of the
15 courts shall submit to the legislature, the governor, and the chief
16 judge of the state the following reports:
17 (A) Not later than April first, two thousand nineteen, a report on the
18 availability and use of translation services in the courts for orders of
19 protection and temporary orders of protection, including but not limited
20 to the languages for which written and oral translation is provided; the
21 number of parties that received translated documents, broken down by
22 language and judicial department; the number of parties receiving inter-
23 pretation, broken down by language and judicial department; the number
24 of people who requested a translated document and did not receive it;
25 and the number of cases in which a court interpreter was used to commu-
26 nicate with either party and an order of protection or temporary order
27 of protection was issued but in which a translated document was not
28 provided to either party. Such report shall contain recommendations for
29 further legislation relating to the availability of such translation
30 services as the chief administrator of the courts shall deem appropri-
31 ate; and
32 (B) Not later than April first, two thousand eighteen, a report evalu-
33 ating the technical and operational issues involved in subjecting the
34 following orders of protection and temporary orders of protection to the
35 same requirements, relative to translation and interpretation of such
36 orders, as are applicable to orders of protection and temporary orders
37 of protection issued under section one hundred sixty-nine of the family
38 court act: (I) orders of protection and temporary orders of protection
39 issued under section 530.12 or 530.13 of the criminal procedure law; and
40 (II) orders of protection and temporary orders of protection issued by a
41 town or village justice court.
42 (ii) The office of court administration shall establish and oversee
43 two pilot programs, as follows:
44 (A) In one town or village court within each judicial district, to
45 develop best practices for the use of written translation and interpre-
46 tation services for orders of protection and temporary orders of
47 protection in the justice courts. Following consultation with the state
48 magistrates association, the conference of mayors, the association of
49 towns, the unified court system's advisory committee on language access,
50 and such other parties as may be interested, the chief administrator
51 shall include an analysis and evaluation of this pilot program, together
52 with a plan for its expansion throughout the justice court system, in
53 the report required pursuant to clause (B) of subparagraph (i) of this
54 paragraph.
55 (B) In one county in the city of New York and two counties outside
56 such city, to develop best practices for the use of written translation
S. 2005--C 18 A. 3005--C
1 and interpretation services for orders of protection and temporary
2 orders of protection issued in the state-paid criminal courts of such
3 counties. Following consultation with the state district attorneys asso-
4 ciation, representatives of the criminal defense bar, representatives of
5 domestic violence prevention legal services providers, the unified court
6 system's advisory committee on language access, and such other parties
7 as may be interested, the chief administrator shall include an analysis
8 and evaluation of this pilot program, together with a plan for its
9 expansion throughout the state, in the report required pursuant to
10 clause (B) of subparagraph (i) of this paragraph.
11 § 3. The family court act is amended by adding a new section 169 to
12 read as follows:
13 § 169. Translation and interpretation of orders of protection. The
14 office of court administration shall, in accordance with paragraph (t)
15 of subdivision two of section two hundred twelve of the judiciary law,
16 ensure that a court order of protection and temporary order of
17 protection issued by the court under article three, four, five, six,
18 seven, eight or ten of this act, is translated in writing into the
19 appropriate language for a party to a proceeding where the court has
20 appointed an interpreter. The office of court administration shall
21 ensure that the standard language of the office of court administration
22 order of protection and temporary order of protection forms shall be
23 translated in writing in the languages most frequently used in the
24 courts of each judicial department in accordance with paragraph (t) of
25 subdivision two of section two hundred twelve of the judiciary law. A
26 copy of the written translation shall be given to each party in the
27 proceeding, along with the original order or temporary order of
28 protection issued in English. A copy of this written translation shall
29 also be included as part of the record of the proceeding. The court
30 shall read the essential terms and conditions of the order aloud on the
31 record and direct the court appointed interpreter to interpret the same
32 terms and conditions. Such written translation or interpretation shall
33 not affect the validity or enforceability of the order. In every case a
34 party to a proceeding shall be provided with an English copy of any
35 court order of protection or temporary order of protection issued. The
36 authority provided herein shall be in addition to and shall not be
37 deemed to diminish or reduce any rights of the parties under existing
38 law.
39 § 4. Subdivision 3 of section 240 of the domestic relations law is
40 amended by adding a new paragraph a-1 to read as follows:
41 a-1. Translation and interpretation of orders of protection. The
42 office of court administration shall, in accordance with paragraph (t)
43 of subdivision two of section two hundred twelve of the judiciary law,
44 ensure that a court order of protection and temporary order of
45 protection is translated in writing into the appropriate language for a
46 party to a proceeding where the court has appointed an interpreter. The
47 office of court administration shall ensure that the standard language
48 of the office of court administration order of protection and temporary
49 order of protection forms shall be translated in writing in the
50 languages most frequently used in the courts of each judicial department
51 in accordance with paragraph (t) of subdivision two of section two
52 hundred twelve of the judiciary law. A copy of the written translation
53 shall be given to each party in the proceeding, along with the original
54 order or temporary order of protection issued in English. A copy of
55 this written translation shall also be included as part of the record of
56 the proceeding. The court shall read the essential terms and conditions
S. 2005--C 19 A. 3005--C
1 of the order aloud on the record and direct the court appointed inter-
2 preter to interpret the same terms and conditions. Such written trans-
3 lation or interpretation shall not affect the validity or enforceability
4 of the order. In every case a party to a proceeding shall be provided
5 with an English copy of any court order of protection or temporary order
6 of protection issued. The authority provided herein shall be in addition
7 to and shall not be deemed to diminish or reduce any rights of the
8 parties under existing law.
9 § 5. Section 252 of the domestic relations law is amended by adding a
10 new subdivision 1-a to read as follows:
11 1-a. Translation and interpretation of orders of protection. The
12 office of court administration shall, in accordance with paragraph (t)
13 of subdivision two of section two hundred twelve of the judiciary law,
14 ensure that a court order of protection or temporary order of protection
15 is translated in writing into the appropriate language for a party to a
16 proceeding where the court has appointed an interpreter. The office of
17 court administration shall ensure that the standard language of the
18 office of court administration order of protection and temporary order
19 of protection forms shall be translated in writing in the languages most
20 frequently used in the courts of each judicial department in accordance
21 with paragraph (t) of subdivision two of section two hundred twelve of
22 the judiciary law. A copy of the written translation shall be given to
23 each party in the proceeding, along with the original order or temporary
24 order of protection issued in English. A copy of this written trans-
25 lation shall also be included as part of the record of the proceeding.
26 The court shall read the essential terms and conditions of the order
27 aloud on the record and direct the court appointed interpreter to inter-
28 pret the same terms and conditions. Such written translation or inter-
29 pretation shall not affect the validity or enforceability of the order.
30 In every case a party to a proceeding shall be provided with an English
31 copy of any court order of protection or temporary order of protection
32 issued. The authority provided herein shall be in addition to and shall
33 not be deemed to diminish or reduce any rights of the parties under
34 existing law.
35 § 6. The closing paragraph of subparagraph 2 of paragraph (ii) of
36 subdivision (b) of section 214 of the family court act, as added by
37 chapter 237 of the laws of 2015, is amended to read as follows:
38 Notwithstanding the foregoing, the chief administrator may not elimi-
39 nate the requirement of consent to participation in a county hereunder
40 until he or she shall have provided all persons or organizations, or
41 their representative or representatives, who regularly appear in
42 proceedings in the family court of such county, in which proceedings the
43 requirement of consent is to be eliminated, with reasonable notice and
44 an opportunity to submit comments with respect thereto and shall have
45 given due consideration to all such comments, nor until he or she shall
46 have consulted with the members of the advisory committee continued
47 pursuant to subparagraph (vi) of paragraph [(t)] (u) of subdivision two
48 of section two hundred twelve of the judiciary law.
49 § 7. Subparagraph (ii) of paragraph (b) of subdivision 2 of section
50 10.40 of the criminal procedure law, as added by chapter 237 of the laws
51 of 2015, is amended to read as follows:
52 (ii) The chief administrator may eliminate the requirement of consent
53 to participation in this program in supreme and county courts of not
54 more than six counties provided he or she may not eliminate such
55 requirement for a court without the consent of the district attorney,
56 the consent of the criminal defense bar as defined in subdivision three
S. 2005--C 20 A. 3005--C
1 of this section and the consent of the county clerk of the county in
2 which such court presides.
3 Notwithstanding the foregoing provisions of this subparagraph, the
4 chief administrator shall not eliminate the requirement of consent to
5 participation in a county hereunder until he or she shall have provided
6 all persons and organizations, or their representative or represen-
7 tatives, who regularly appear in criminal actions or proceedings in the
8 superior court of such county with reasonable notice and opportunity to
9 submit comments with respect thereto and shall have given due consider-
10 ation to all such comments, nor until he or she shall have consulted
11 with the members of the advisory committee specified in subparagraph (v)
12 of paragraph [(t)] (u) of subdivision two of section two hundred twelve
13 of the judiciary law.
14 § 8. The chief administrator of the courts may promulgate rules and
15 regulations in order to effectuate the provisions of this act, and, to
16 the extent necessary and appropriate, exercise his or her authority
17 pursuant to paragraph (l) of subdivision 1 of section 212 of the judici-
18 ary law to the same end.
19 § 9. This act shall take effect on the ninetieth day after it shall
20 have become a law and shall apply to orders of protection issued on or
21 after such effective date; provided that the amendments to section 214
22 of the family court act, made by section six of this act, shall not
23 affect the expiration and reversion of such section, and shall expire
24 therewith; provided, further, that the amendments to subparagraph (ii)
25 of paragraph (b) of subdivision 2 of section 10.40 of the criminal
26 procedure law made by section seven of this act, shall not affect the
27 expiration and reversion of such section, and shall expire therewith.
28 PART CC
29 Section 1. Section 13 of chapter 141 of the laws of 1994, amending
30 the legislative law and the state finance law relating to the operation
31 and administration of the legislature, as amended by section 2 of part S
32 of chapter 57 of the laws of 2016, is amended to read as follows:
33 § 13. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect as of April 1, 1994, provided that,
35 the provisions of section 5-a of the legislative law as amended by
36 sections two and two-a of this act shall take effect on January 1, 1995,
37 and provided further that, the provisions of article 5-A of the legisla-
38 tive law as added by section eight of this act shall expire June 30,
39 [2017] 2018 when upon such date the provisions of such article shall be
40 deemed repealed; and provided further that section twelve of this act
41 shall be deemed to have been in full force and effect on and after April
42 10, 1994.
43 § 2. This act shall take effect immediately, provided, however, if
44 section one of this act shall take effect on or after June 30, 2017
45 section one of this act shall be deemed to have been in full force and
46 effect on and after June 30, 2017.
47 PART DD
48 Section 1. Paragraph (g) of section 1603 of the not-for-profit corpo-
49 ration law, as amended by chapter 106 of the laws of 2014, is amended to
50 read as follows:
51 (g) Nothing in this article shall be construed to authorize the exist-
52 ence of more than [twenty] twenty-five land banks located in the state
S. 2005--C 21 A. 3005--C
1 at one time, provided further that each foreclosing governmental unit or
2 units proposing to create a land bank shall submit such local law, ordi-
3 nance or resolution as required by paragraph (a) of this section, to the
4 urban development corporation, for its review and approval. The creation
5 of a land bank shall be conditioned upon approval of the urban develop-
6 ment corporation.
7 § 2. This act shall take effect immediately.
8 PART EE
9 Section 1. Notwithstanding any other provision of law to the contrary,
10 in accordance with local law number one of 2017 of the village of Spring
11 Valley, those properties located within the village of Spring Valley
12 that have timely filed applications for real property tax law exemptions
13 for persons over sixty-five years of age and for veterans pursuant to
14 sections 467 and 458 of the real property tax law with the town of
15 Clarkstown or the town of Ramapo for the 2016 and 2017 assessment rolls
16 of each municipality shall be granted such exemptions on the portion of
17 such rolls to be used for the levy of the village of Spring Valley taxes
18 in 2017 and 2018 where the assessor determines that the applicable
19 eligibility requirements are satisfied, notwithstanding the fact that
20 said local law was adopted after the taxable date of such rolls.
21 § 2. This act shall take effect immediately.
22 PART FF
23 Section 1. a. Notwithstanding the provisions of section 1226 of the
24 vehicle and traffic law, the New York state commissioner of motor vehi-
25 cles may approve demonstrations and tests consisting of the operation of
26 a motor vehicle equipped with autonomous vehicle technology while such
27 motor vehicle is engaged in the use of such technology on public high-
28 ways within this state for the purposes of demonstrating and assessing
29 the current development of autonomous vehicle technology and to begin
30 identifying potential impacts of such technology on safety, traffic
31 control, traffic enforcement, emergency services, and such other areas
32 as may be identified by such commissioner. Provided, however, that such
33 demonstrations and tests shall only take place under the direct super-
34 vision of the New York state police. Such demonstrations and tests shall
35 take place in a manner and form prescribed by the commissioner of motor
36 vehicles including, but not limited to: a requirement that a natural
37 person holding a valid license for the operation of the motor vehicle's
38 class be present within such vehicle for the duration of the time it is
39 operated on public highways; a requirement that the motor vehicle
40 utilized in such demonstrations and tests complies with all applicable
41 federal motor vehicle safety standards and New York state motor vehicle
42 inspection standards; and a requirement that the motor vehicle utilized
43 in such demonstrations and tests has in place, at a minimum, financial
44 security in the amount of five million dollars. Nothing in this act
45 shall authorize the motor vehicle utilized in such demonstrations and
46 tests to operate in violation of article 22 or title 7 of the vehicle
47 and traffic law, excluding section 1226 of such law.
48 b. For the purposes of this act, the term "autonomous vehicle technol-
49 ogy" shall mean the hardware and software that are collectively capable
50 of performing part or all of the dynamic driving task on a sustained
51 basis, and the term "dynamic driving task" shall mean all of the real-
52 time operational and tactical functions required to operate a vehicle in
S. 2005--C 22 A. 3005--C
1 on-road traffic, excluding the strategic functions such as trip schedul-
2 ing and selection of destinations and waypoints.
3 § 2. The commissioner of motor vehicles shall, in consultation with
4 the superintendent of state police, submit a report to the governor, the
5 temporary president of the senate, the speaker of the assembly, and the
6 chairs of the senate and assembly transportation committees on the
7 demonstrations and tests authorized by section one of this act. Such
8 report shall include, but not be limited to, a description of the param-
9 eters and purpose of such demonstrations and tests, the location or
10 locations where demonstrations and tests were conducted, the demon-
11 strations' and tests' impacts on safety, traffic control, traffic
12 enforcement, emergency services, and such other areas as may be identi-
13 fied by such commissioner. Such commissioner shall submit such report on
14 or before June 1, 2018.
15 § 3. This act shall take effect April 1, 2017; provided, however, that
16 section one of this act shall expire and be deemed repealed April 1,
17 2018.
18 PART GG
19 Section 1. Subdivision 5 of section 227 of the vehicle and traffic
20 law, as amended by section 3 of part CC of chapter 58 of the laws of
21 2015, is amended to read as follows:
22 5. All penalties and forfeited security collected pursuant to the
23 provisions of this article shall be paid to the department of audit and
24 control to the credit of the justice court fund and shall be subject to
25 the applicable provisions of section eighteen hundred three of this
26 chapter. After such audit as shall reasonably be required by the comp-
27 troller, such penalties and forfeited security shall be paid quarterly
28 or, in the discretion of the comptroller, monthly, to the appropriate
29 jurisdiction in which the violation occurred in accordance with the
30 provisions of section ninety-nine-a of the state finance law, except
31 that the sum of four dollars for each violation occurring in such juris-
32 diction for which a complaint has been filed with the administrative
33 tribunal established pursuant to this article shall be retained by the
34 state. Notwithstanding any law to the contrary an additional annual sum
35 of three million dollars collected from fines and assessed to the city
36 of New York, shall be deposited into the general fund in accordance with
37 the provisions of section ninety-nine-a of the state finance law. The
38 amount distributed during the first three quarters to the city of
39 Rochester in any given fiscal year shall not exceed seventy percent of
40 the amount which will be otherwise payable. Provided, however, that if
41 the full costs of administering this article shall exceed the amounts
42 received and retained by the state for any period specified by the
43 commissioner, then such additional sums as shall be required to offset
44 such costs shall be retained by the state out of the penalties and
45 forfeited security collected pursuant to this article.
46 § 2. Paragraph c of subdivision 1 of section 1803 of the vehicle and
47 traffic law, as amended by chapter 385 of the laws of 1999, is amended
48 to read as follows:
49 c. for compliance with or violations of subdivision nineteen of
50 section three hundred eighty-five of this chapter, notwithstanding any
51 inconsistent provision of law, except as provided in section ninety of
52 the state finance law, the fees and fines collected by the state pursu-
53 ant to sections two hundred twenty-seven, three hundred eighty-five and
54 eighteen hundred three of this chapter and section ninety-nine-a of the
S. 2005--C 23 A. 3005--C
1 state finance law, shall be made available to the state comptroller for
2 deposit in the general fund except that fines collected within a city
3 not wholly included within one county shall be paid to such city in
4 accordance with the procedures set forth in subdivision four of section
5 two hundred twenty-seven of this chapter for deposit into the general
6 fund of such city, and except that an annual amount of three million
7 dollars of fines collected within the city of New York pursuant to arti-
8 cle two-A of this chapter be deposited by the comptroller to the general
9 fund.
10 § 3. Subdivision 3 of section 99-a of the state finance law, as
11 amended by section 10 of part CC of chapter 58 of the laws of 2015, is
12 amended to read as follows:
13 3. The comptroller is hereby authorized to implement alternative
14 procedures, including guidelines in conjunction therewith, relating to
15 the remittance of fines, penalties, forfeitures and other moneys by town
16 and village justice courts, and by the Nassau and Suffolk counties traf-
17 fic and parking violations agencies, and by the city of Buffalo traffic
18 violations agency, and by the city of New York pursuant to article two-A
19 of the vehicle and traffic law, to the justice court fund and for the
20 distribution of such moneys by the justice court fund. Notwithstanding
21 any law to the contrary, the alternative procedures utilized may
22 include:
23 a. electronic funds transfer;
24 b. remittance of funds by the justice court to the chief fiscal office
25 of the town or village, or, in the case of the Nassau and Suffolk coun-
26 ties traffic and parking violations agencies, to the county treasurer,
27 or, in the case of the Buffalo traffic violations agency, to the city of
28 Buffalo comptroller, for distribution in accordance with instructions by
29 the comptroller or, in the case of the city of New York, pursuant to
30 article two-A of the vehicle and traffic law to the city comptroller;
31 and/or
32 c. monthly, rather than quarterly, distribution of funds.
33 The comptroller may require such reporting and record keeping as he or
34 she deems necessary to ensure the proper distribution of moneys in
35 accordance with applicable laws. A justice court or the Nassau and
36 Suffolk counties traffic and parking violations agencies or the city of
37 Buffalo traffic violations agency or the city of New York pursuant to
38 article two-A of the vehicle and traffic law may utilize these proce-
39 dures only when permitted by the comptroller, and such permission, once
40 given, may subsequently be withdrawn by the comptroller on due notice.
41 § 4. This act shall take effect immediately; and shall expire and be
42 deemed repealed April 1, 2019.
43 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
44 sion, section or part of this act shall be adjudged by any court of
45 competent jurisdiction to be invalid, such judgment shall not affect,
46 impair, or invalidate the remainder thereof, but shall be confined in
47 its operation to the clause, sentence, paragraph, subdivision, section
48 or part thereof directly involved in the controversy in which such judg-
49 ment shall have been rendered. It is hereby declared to be the intent of
50 the legislature that this act would have been enacted even if such
51 invalid provisions had not been included herein.
52 § 3. This act shall take effect immediately provided, however, that
53 the applicable effective date of Parts A through GG of this act shall be
54 as specifically set forth in the last section of such Parts.
