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S01830 Summary:

BILL NOS01830C
 
SAME ASSAME AS A10609
 
SPONSORHOYLMAN
 
COSPNSRBAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MONTGOMERY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, THOMAS
 
MLTSPNSR
 
Amd 10.40, CP L; amd 212, Judy L; add 837-v, Exec L
 
Relates to the functions of the chief administrator of the courts; relates to reporting requirements.
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S01830 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1830--C
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced  by Sens. HOYLMAN, BAILEY, BENJAMIN, BIAGGI, BRESLIN, COMRIE,
          GIANARIS, GOUNARDES, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MONTGOMERY,
          MYRIE, PARKER, RAMOS, RIVERA, SALAZAR,  SANDERS,  SEPULVEDA,  SERRANO,
          THOMAS  --  read  twice  and  ordered  printed, and when printed to be
          committed to the Committee on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported favorably from said committee  and  committed  to  the
          Committee  on  Finance  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the criminal procedure law and the judiciary law, in
          relation to functions of the chief administrator of the courts; and to
          amend the executive law, in relation to reporting requirements
 
          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 10.40 of the criminal procedure
     2  law, as amended by chapter 237 of the laws of 2015, is amended  to  read
     3  as follows:
     4    1.  The  chief  administrator  of  the  courts shall have the power to
     5  adopt, amend and rescind forms for the efficient and just administration
     6  of this chapter.   Such forms shall  include,  without  limitation,  the
     7  forms  described  in  paragraph  (z-1) of subdivision two of section two
     8  hundred twelve of the judiciary law. A failure by any  party  to  submit
     9  papers  in compliance with forms authorized by this section shall not be
    10  grounds for that reason alone for denial or granting of any motion.
    11    § 1-a. Section 10.40 of the criminal procedure law, as added by  chap-
    12  ter 47 of the laws of 1984, is amended to read as follows:
    13  § 10.40 Chief administrator to prescribe forms.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07856-13-0

        S. 1830--C                          2
 
     1    The  chief  administrator of the courts shall have the power to adopt,
     2  amend and rescind forms for the efficient  and  just  administration  of
     3  this  chapter.   Such forms shall include, without limitation, the forms
     4  described in paragraph (z-1) of subdivision two of section  two  hundred
     5  twelve  of the judiciary law. A failure by any party to submit papers in
     6  compliance with forms authorized by this section shall  not  be  grounds
     7  for that reason alone for denial or granting of any motion.
     8    §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
     9  adding six new paragraphs (u-1), (v-1), (w-1), (x-1), (y-1) and (z-1) to
    10  read as follows:
    11    (u-1) Compile and publish data on misdemeanor offenses in all  courts,
    12  disaggregated by county, including the following information:
    13    (i) the aggregate number of misdemeanors charged, by indictment or the
    14  filing of a misdemeanor complaint or information;
    15    (ii) the offense charged;
    16    (iii) the race, ethnicity, age, and sex of the individual charged;
    17    (iv) whether the individual was issued a summons or appearance ticket,
    18  was subject to custodial arrest, and/or was held prior to arraignment as
    19  a result of the alleged misdemeanor;
    20    (v) the precinct or location where the alleged misdemeanor occurred;
    21    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    22  acquittal, adjournment in contemplation of dismissal, plea,  conviction,
    23  or other disposition;
    24    (vii) in the case of dismissal, the reasons therefor; and
    25    (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and
    26  surcharges.
    27    (v-1) Compile and publish data on violations, to the  greatest  extent
    28  practicable,  in  all  courts,  disaggregated  by  county, including the
    29  following information:
    30    (i) the aggregate number of violations charged by  the  filing  of  an
    31  information;
    32    (ii) the violation charged;
    33    (iii) the race, ethnicity, age, and sex of the individual charged;
    34    (iv) whether the individual was issued a summons or appearance ticket,
    35  was subject to custodial arrest, and/or was held prior to arraignment as
    36  a result of the alleged violation;
    37    (v) the precinct or location where the alleged violation occurred;
    38    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    39  acquittal, conviction, or other disposition;
    40    (vii) in the case of dismissal, the reasons therefor; and
    41    (viii) the sentence  imposed,  if  any,  including  fines,  fees,  and
    42  surcharges.
    43    (w-1)  The  chief administrator shall include the information required
    44  by paragraphs (u-1) and (v-1) of this subdivision in the  annual  report
    45  submitted  to the legislature and the governor pursuant to paragraph (j)
    46  of subdivision one of this section. The chief administrator  shall  also
    47  make  the  information  required  by  paragraphs (u-1) and (v-1) of this
    48  subdivision available to the public by posting it on the website of  the
    49  office  of  court  administration and shall update such information on a
    50  monthly basis. The information shall be posted in alphanumeric form that
    51  can be digitally transmitted or processed and not in  portable  document
    52  format or scanned copies of original documents.
    53    (x-1)  Nothing in paragraphs (u-1) and (v-1) of this subdivision shall
    54  be construed as granting authority to the chief administrator, a  crimi-
    55  nal  justice  or  law  enforcement agency, a governmental entity, or any
    56  agent or representative  of  the  foregoing,  to  use,  disseminate,  or

        S. 1830--C                          3
 
     1  publish  any  individual's  name,  date of birth, NYSID, social security
     2  number, docket number, or other unique identifier in  violation  of  the
     3  criminal procedure law, the general business law, or any other law.
     4    (y-1)  Nothing in paragraphs (u-1) and (v-1) of this subdivision shall
     5  be construed as granting authority to the chief administrator, a  crimi-
     6  nal justice or law enforcement agency, a governmental entity, a party, a
     7  judge, a prosecutor, or any  agent or representative of the foregoing to
     8  introduce,  use,  disseminate,  publish  or  consider any records in any
     9  judicial or administrative proceeding expunged or sealed under  applica-
    10  ble  provisions  of the criminal procedure law, the family court act, or
    11  any other law.
    12    (z-1) In executing the requirements of paragraphs (u-1) and  (v-1)  of
    13  this  section,  the  chief administrator may adopt rules consistent with
    14  the requirements of paragraphs (x-1) and (y-1) of  this  subdivision  to
    15  secure  the  information  specified  herein from the office of the state
    16  comptroller in such form and manner as  the  chief  administrator  shall
    17  prescribe.  Further, to facilitate this provision, the chief administra-
    18  tor  shall adopt rules to facilitate record sharing, retention and other
    19  necessary communication among the criminal courts  and  law  enforcement
    20  agencies,  subject  to  applicable  provisions of the criminal procedure
    21  law, the family court act, and any other law pertaining to the confiden-
    22  tiality, expungement and sealing of records.
    23    § 3. The executive law is amended by adding a  new  section  837-v  to
    24  read as follows:
    25    §  837-v. Reporting duties of law enforcement departments with respect
    26  to arrest-related deaths. 1. The chief of every police department,  each
    27  county  sheriff,  and  the superintendent of state police shall promptly
    28  report to the division any arrest-related death, disaggregated by  coun-
    29  ty.    The  data shall include all information the division shall report
    30  pursuant to the requirements of subdivision five of this section.
    31    2.  The initial report required by this subdivision shall be  for  the
    32  period beginning six months after the effective date of this section and
    33  shall  be  submitted  on  an annual basis thereafter. Each annual report
    34  shall be submitted no later than February first.
    35    3. The division shall make the information required by subdivision one
    36  of this section available to the public by posting it on the website  of
    37  the  division.  With  respect to the information required by subdivision
    38  one of this section, the division shall update  such  information  on  a
    39  monthly  basis and such information shall be posted in alphanumeric form
    40  that can be digitally transmitted or processed and not in portable docu-
    41  ment format or scanned copies of original documents.
    42    4. The division shall promulgate regulations to effectuate the report-
    43  ing of data from law enforcement  departments  sufficient  to  make  the
    44  reports required by subdivision five of this section.
    45    5.  The  division  shall submit to the governor and the legislature an
    46  annual report of  arrest-related  deaths  disaggregated  by  county.  An
    47  arrest-related  death  is  a death that occurs while an individual is in
    48  law enforcement custody  or  during  an  attempt  to  establish  custody
    49  including,  but  not limited to, deaths caused by any use of force. Such
    50  report shall include the following information:
    51    (a) the number of arrest-related deaths;
    52    (b) the race, ethnicity, age, and sex of the individual;
    53    (c) the zip code or location where the death occurred; and
    54    (d) a brief description of the circumstances surrounding  the  arrest-
    55  related death.

        S. 1830--C                          4
 
     1    § 4. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law; provided that the amendment to subdivision 1
     3  of  section  10.40 of the criminal procedure law, made by section one of
     4  this act, shall be subject to  the  expiration  and  reversion  of  such
     5  section as provided in section 11 of chapter 237 of the laws of 2015, as
     6  amended, when upon such date the provisions of section one-a of this act
     7  shall take effect.
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