NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10609
SPONSOR: Rules (Lentol) TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To provide reporting requirements related to misdemeanors and
violations.
SUMMARY OF PROVISIONS:
This bill authorizes the chief administrator of the courts to compile
the following data on misdemeanor offenses and violations, broken down
by county. The data must include:
*Aggregate number of misdemeanors/violations charged
*The offense/violation charged
*Race, ethnicity, age and sex of individual charged
*Whether the individual was issued a summons or appearance ticket, was
subject to custodial arrest, or whether an arraignment was 'held as a
result of the misdemeanor/violation
*Zip code or location where the alleged misdemeanor/violation occurred
*Disposition of case including, if the case is dismissed, why it was
dismissed, or the sentence imposed, including fines, fees, and
surcharges.
The chief administrator of the courts shall include this information in
its annual report submitted to the legislature. The data collected must
be made available online and updated monthly.
This bill also requires the chief of every police department, county
sheriff, and superintendent of state police to promptly report. to DCJS
any arrest-related death, broken down by county. An arrest related death
is defined as a death that occurs during law enforcement custody or an
attempt to establish custody, including, but not limited to, deaths
caused by any use of force.
This bill requires DCJS to make information relating to arrest-related
deaths available in an annual and on its website. Such data shall
include: the number of arrest-relate deaths; race, ethnicity, age; and
sex of individual; zip code or location where death occurred; and brief
description of circumstances surrounding the death.
JUSTIFICATION:
Reporting is necessary to provide metrics by which the public and poli-
cymakers can evaluate the effectiveness of existing criminal justice
policies.
PRIOR LEGISLATIVE HISTORY:
2019: A5472-A/S.1830-B; Passed Assembly
2018; A.5946-A/S.7002; Passed Assembly
2017: A.5946-A/S.7002; Passed Assembly
2016: A.7698A/S.6001A; Passed Assembly
2015: A.7698/S.6001; Reported to Rules
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
180 days
STATE OF NEW YORK
________________________________________________________________________
10609
IN ASSEMBLY
June 5, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lentol,
Mosley, Darling, Frontus, Perry, Aubry, Quart, Barron, D. Rosenthal,
De La Rosa, Epstein, Hevesi, Fernandez, Pichardo, L. Rosenthal, Blake,
Taylor, Reyes, Gottfried, Niou, O'Donnell, Cruz, Simon, Kim, Simotas,
Glick, Carroll, Rozic, Wright, Jaffee, Ortiz, Barnwell, Richardson,
Magnarelli, Vanel, Otis, Davila) -- read once and referred to the
Committee on Codes
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.
14 The chief administrator of the courts shall have the power to adopt,
15 amend and rescind forms for the efficient and just administration of
16 this chapter. Such forms shall include, without limitation, the forms
17 described in paragraph (z-1) of subdivision two of section two hundred
18 twelve of the judiciary law. A failure by any party to submit papers in
19 compliance with forms authorized by this section shall not be grounds
20 for that reason alone for denial or granting of any motion.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07856-14-0
A. 10609 2
1 § 2. Subdivision 2 of section 212 of the judiciary law is amended by
2 adding six new paragraphs (u-1), (v-1), (w-1), (x-1), (y-1) and (z-1) to
3 read as follows:
4 (u-1) Compile and publish data on misdemeanor offenses in all courts,
5 disaggregated by county, including the following information:
6 (i) the aggregate number of misdemeanors charged, by indictment or the
7 filing of a misdemeanor complaint or information;
8 (ii) the offense charged;
9 (iii) the race, ethnicity, age, and sex of the individual charged;
10 (iv) whether the individual was issued a summons or appearance ticket,
11 was subject to custodial arrest, and/or was held prior to arraignment as
12 a result of the alleged misdemeanor;
13 (v) the precinct or location where the alleged misdemeanor occurred;
14 (vi) the disposition, including, as the case may be, dismissal,
15 acquittal, adjournment in contemplation of dismissal, plea, conviction,
16 or other disposition;
17 (vii) in the case of dismissal, the reasons therefor; and
18 (viii) the sentence imposed, if any, including fines, fees, and
19 surcharges.
20 (v-1) Compile and publish data on violations, to the greatest extent
21 practicable, in all courts, disaggregated by county, including the
22 following information:
23 (i) the aggregate number of violations charged by the filing of an
24 information;
25 (ii) the violation charged;
26 (iii) the race, ethnicity, age, and sex of the individual charged;
27 (iv) whether the individual was issued a summons or appearance ticket,
28 was subject to custodial arrest, and/or was held prior to arraignment as
29 a result of the alleged violation;
30 (v) the precinct or location where the alleged violation occurred;
31 (vi) the disposition, including, as the case may be, dismissal,
32 acquittal, conviction, or other disposition;
33 (vii) in the case of dismissal, the reasons therefor; and
34 (viii) the sentence imposed, if any, including fines, fees, and
35 surcharges.
36 (w-1) The chief administrator shall include the information required
37 by paragraphs (u-1) and (v-1) of this subdivision in the annual report
38 submitted to the legislature and the governor pursuant to paragraph (j)
39 of subdivision one of this section. The chief administrator shall also
40 make the information required by paragraphs (u-1) and (v-1) of this
41 subdivision available to the public by posting it on the website of the
42 office of court administration and shall update such information on a
43 monthly basis. The information shall be posted in alphanumeric form that
44 can be digitally transmitted or processed and not in portable document
45 format or scanned copies of original documents.
46 (x-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall
47 be construed as granting authority to the chief administrator, a crimi-
48 nal justice or law enforcement agency, a governmental entity, or any
49 agent or representative of the foregoing, to use, disseminate, or
50 publish any individual's name, date of birth, NYSID, social security
51 number, docket number, or other unique identifier in violation of the
52 criminal procedure law, the general business law, or any other law.
53 (y-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, a party, a
56 judge, a prosecutor, or any agent or representative of the foregoing to
A. 10609 3
1 introduce, use, disseminate, publish or consider any records in any
2 judicial or administrative proceeding expunged or sealed under applica-
3 ble provisions of the criminal procedure law, the family court act, or
4 any other law.
5 (z-1) In executing the requirements of paragraphs (u-1) and (v-1) of
6 this section, the chief administrator may adopt rules consistent with
7 the requirements of paragraphs (x-1) and (y-1) of this subdivision to
8 secure the information specified herein from the office of the state
9 comptroller in such form and manner as the chief administrator shall
10 prescribe. Further, to facilitate this provision, the chief administra-
11 tor shall adopt rules to facilitate record sharing, retention and other
12 necessary communication among the criminal courts and law enforcement
13 agencies, subject to applicable provisions of the criminal procedure
14 law, the family court act, and any other law pertaining to the confiden-
15 tiality, expungement and sealing of records.
16 § 3. The executive law is amended by adding a new section 837-v to
17 read as follows:
18 § 837-v. Reporting duties of law enforcement departments with respect
19 to arrest-related deaths. 1. The chief of every police department, each
20 county sheriff, and the superintendent of state police shall promptly
21 report to the division any arrest-related death, disaggregated by coun-
22 ty. The data shall include all information the division shall report
23 pursuant to the requirements of subdivision five of this section.
24 2. The initial report required by this subdivision shall be for the
25 period beginning six months after the effective date of this section and
26 shall be submitted on an annual basis thereafter. Each annual report
27 shall be submitted no later than February first.
28 3. The division shall make the information required by subdivision one
29 of this section available to the public by posting it on the website of
30 the division. With respect to the information required by subdivision
31 one of this section, the division shall update such information on a
32 monthly basis and such information shall be posted in alphanumeric form
33 that can be digitally transmitted or processed and not in portable docu-
34 ment format or scanned copies of original documents.
35 4. The division shall promulgate regulations to effectuate the report-
36 ing of data from law enforcement departments sufficient to make the
37 reports required by subdivision five of this section.
38 5. The division shall submit to the governor and the legislature an
39 annual report of arrest-related deaths disaggregated by county. An
40 arrest-related death is a death that occurs while an individual is in
41 law enforcement custody or during an attempt to establish custody
42 including, but not limited to, deaths caused by any use of force. Such
43 report shall include the following information:
44 (a) the number of arrest-related deaths;
45 (b) the race, ethnicity, age, and sex of the individual;
46 (c) the zip code or location where the death occurred; and
47 (d) a brief description of the circumstances surrounding the arrest-
48 related death.
49 § 4. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law; provided that the amendment to subdivision 1
51 of section 10.40 of the criminal procedure law, made by section one of
52 this act, shall be subject to the expiration and reversion of such
53 section as provided in section 11 of chapter 237 of the laws of 2015, as
54 amended, when upon such date the provisions of section one-a of this act
55 shall take effect.
